Bey v. United States Government Corporation et al
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED with prejudice. An Order of Dismissal will be filed forthwith. Signed by District Judge Ronnie L. White on 3/27/2017. (NEB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
a/k/a Maurese Wynn,
UNITED STATES GOVERNMENT
CORPORATION, et al.,
No. 4:16-CV-2111 RLW
MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs motion for leave to proceed in forma
pauperis and for review of the complaint under 28 U.S.C. § 1915(e). The motion for leave to
proceed in forma pauperis is granted, and this action is dismissed.
Standard of Review
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief, a complaint must plead more than "legal conclusions" and
"[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
A plaintiff must
demonstrate a plausible claim for relief, which is more than a "mere possibility of misconduct."
Id. at 679. "A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged." Id. at 678. Determining whether a complaint states a plausible claim for relief is a
context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.
Plaintiff says he is an aboriginal Moor and that his domicile is located in Northwest
Amexem. He drives without a driver's license or license plate, and as a result, he has been
arrested several times in various cities north of St. Louis. He believes that, because he has
decided to call himself a Moor, he is not subject to state law. So, he believes all of the police
actions and municipal proceedings against him are unlawful. He has named 153 defendants,
including Hillary Clinton and the U.S. Department of State.
Fatal to plaintiffs assertion of immunity is the non-recognition of Northwest Amexem or
the Moorish Nation as sovereign states by the United States. See Benton-El v. Odom, 2007 WL
1812615 *6 (M.D. Ga. June 19, 2007); Osiris v. Brown, 2004 WL 2044904 *2 (D.N.J. Aug. 24,
2005); Khattab El v. United States Justice Dept., 1988 WL 5117 *2 (E.D. Pa. Jan. 22, 1988).
Plaintiff cannot unilaterally bestow sovereign immunity upon himself. See United States v.
Lumumba, 741 F.2d 12, 15 (2d Cir. 1984). Plaintiffs purported status as a Moorish citizen does
not enable him to violate state or federal laws without consequence. As a result, plaintiffs
allegations are legally frivolous.
Moreover, a complaint may be dismissed as malicious where it "was not to rectify any
cognizable harm, but only to harass and disparage" the defendants. Tapia-Ortiz v. Winter, 185
F .3d 8, 11 (2d Cir. 1999) (dismissing complaint against judges and federal prosecutor who
obtained conviction against the plaintiff as frivolous and malicious). It is clear that plaintiff is
attempting to harass government officials for enforcing traffic laws rather than vindicate a
cognizable legal right. Therefore, the Court dismisses this case with prejudice.
IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED with prejudice.
An Order of Dismissal will be filed forthwith.
@~y of March, 2017.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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