ANDERSON v. KELLEY et al

Filing 2

OPINION. Signed by Judge Renee Marie Bumb on 9/1/16. (jbk, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
KAREEM ABDUL ANDERSON,

:
:
:
:
:
:
:
:
:

Plaintiff,
v.
JOHN T. KELLEY, J.S.C., et al.,
Defendants.

CIV. NO. 16-5018(RMB)

OPINION

RENÉE MARIE BUMB, U.S. District Judge
This matter comes before the Court upon Plaintiff’s submission
of a prisoner civil complaint. (Compl., ECF No. 1.) Plaintiff is a
pretrial detainee, confined in Camden County Correctional Facility
in Camden, New Jersey.
I.

FILING FEE
Plaintiff has submitted a properly completed application to

proceed in forma pauperis, pursuant to 28 U.S.C. § 1915. (ECF No.
1-2.) Plaintiff has established his inability to prepay the $400.00
filing fee, and his IFP application will be granted.
II.

SCREENING PURSUANT TO 28 U.S.C. § 1915(e)(2)(b) and § 1915A
After Plaintiff is granted in forma pauperis status, the Court

is required to review a prisoner’s civil complaint under 28 U.S.C.
§ 1915(e)(2)(b) and § 1915A.

The Court must dismiss any claims that
1

are: (1) frivolous or malicious; (2) fail to state a claim on which
relief may be granted; or (3) seek monetary relief against a defendant
who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C.
§ 1915A.
III. DISCUSSION
Plaintiff alleges the following in his Complaint. He asserts
jurisdiction under Sections 2038 and 2514 of the Internal Revenue
Code. (Compl., ¶1a.) The basis for the Complaint is that Plaintiff
requested tax forms from Judge Kelley, the prosecutor, his defense
attorney and other state officials who refused to provide the
information. Plaintiff asserted:
Plaintiff authorized and appointed the Hon.
John T. Kelley the Executor of the legal estate
of the decedent under 2038, 2041, 2514 of Title
26 under the Power of Appointment Act of 1951.
As the donor and beneficiary of record to handle
the accounting and taxes to dissolve the
constructive
trust
Complaint
No.-W-2014-009449-0408, Ind. No. I-3407-11-15,
Case Code 201400051.
Petitioner attached a “Letter Rogatory” to the Complaint. (ECF No.
1 at 9.) The letter, like the Complaint, is nonsensical. The Court
will dismiss the Complaint as frivolous. Dismissal will be with
prejudice because amendment of the Complaint would be futile. See
Grayson

v.

Mayview

State

Hosp.,

2

293

F.3d

103,

114

(3d

Cir.

2002)(dismissal should be without prejudice unless amendment would
be inequitable or futile).
IV.

CONCLUSION
For the reasons discussed above, in the accompanying Order filed

herewith, the Court will grant Plaintiff’s IFP application and
dismiss the Complaint as frivolous.

DATED: September 1, 2016
s/RENÉE MARIE BUMB__________
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

3