BOWLES: BEY v. STATE OF NEW JERSEY et al

Filing 3

OPINION & ORDER; ORDER Granting in forma pauperis and directing the clerk to file the Complaint; ORDERED this action is remanded to Neptune Township Municipal Court as this Court lacks jurisdiction. Signed by Judge Claire C. Cecchi on 1/25/2012. (ld, )

NOT FOR PUBLICATION
UNITED STATES DISTRICf COURT
DISTRICf OF NEW JERSEY

MARY K. BOWLES: BEY,
Plaintiff,
Civil Action No. 11-05253 (CCC)

v.

OPINION & ORDER
STATE OF NEW JERSEY, ET AL, :
Defendants.

CECOll, District Judge.
Whereas on September 13, 2011,pro se Plaintiff Mary K. Bowles: Bey ("Plaintiff') filed
a notice of removal and an application to proceed in forma pauperis (ECF No. 1.); and
Whereas it appears that Plaintiff seeks to remove a municipal summons issued by the
Neptune Township Municipal Court (ECF No. 1.); and
Whereas Plaintiff asserts that removal was proper pursuant to 28 U.S.C. §§ 1331 and
1332, in addition to 18 U.S.C. §§ 241, 242, and 1030; and
Whereas "a federal district court may not exercise jurisdiction over a municipal court
proceeding." El Bey v. N. Brunswick Mun. Ct., No. 08-2825, 2008 U.S. Dist. LEXIS 47647, *3
(D.N.J. June 19, 2008) (citing Janciga v. Vora, 257 Fed. Appx. 530, 530-31 (3d Cir. 2007)
(appeal dismissed from an order dismissing "notice of removal" of matter regarding traffic
citation), Janciga v. Vora, 238 Fed. Appx. 760, 761 (3d Cir. 2007) (appeal dismissed from an
order dismissing "notice of removal" of proceeding regarding citation for municipal code
violation), Pa. v. Vora, 204 Fed. Appx. 134, 136 (3d Cir. 2006) (appeal dismissed from an order
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dismissing "petition for removal" of municipal court matter relating to municipal code violation),
Pa. St. Police v. Vora, 140 Fed. Appx. 433, 433 (3d Cir. 2005) (appeal dismissed from an order

dismissing "notice of removal" of traffic court issue, as district courts are not afforded
jurisdiction over challenges to state traffic citations) (internal footnote omitted)); and
Whereas Plaintiffs alleged status as an "Aboriginal Indigenous Moorish American" does
not confer jurisdiction here. Id. (citing Hawkins-El v. County of Wayne, No. 08-10652, 2008 U.S.
Dist. LEXIS 11865, 2008 WL 474095, *1 (E.D. Mich. Feb. 19, 2008) (complaint dismissed
where plaintiff asserted jurisdiction as "sovereign Moor of the Washitaw Empire"), Benton-El v.
Odom, No. 05-242, 2007 U.S. Dist. LEXIS 44270, 2007 WL 1812615, *6 (M.D. Ga. June 19,

2007) (magistrate Judge's recommendation adopted where no jurisdiction found by plaintiff
claiming to be "Moorish American citizen"), Halabi v. Fields, No. 06-12203, 2006 U.S. Dist.
LEXIS 55210, 2006 WL 2161338, at *1-2 (E.D. Mich. July 28, 2006) (motion to remand
landlord-tenant action granted; no jurisdiction found based on defendant's claim of rights as
"Sovereign American Moors under the Treaty of 1786"), King v. Corp. of US., No. 05-72849,
2005 U.S. Dist. LEXIS 34174, 2005 WL 3320866, *1-4 (E.D. Mich. Dec. 7, 2005) (motion to
dismiss complaint seeking halt of action for failure to pay child support granted; no jurisdiction
found based on plaintiffs assertion of being "Sovereign Indigenous Moor"), Hedrick v.
Coleman, No. 05-73707, 2005 U.S. Dist. LEXIS 25302, 2005 WL 2671327, *1-2 (E.D. Mich.

Oct. 19, 2005) (complaint dismissed where plaintiffs alleged state foreclosure action "violates
their rights as Sovereign American Moors," as "[s]uch status is not enough, in itself, to vest the
Court with subject matter jurisdiction"), Great Seal Moorish Sci. Temple v. NJ, No. 05-345,
2005 U.S. Dist. LEXIS 21550, 2005 WL 2396311, *1 (E.D. Pa. Sept. 28, 2005) (motion to
dismiss granted on civil rights claim for impounding of car; jurisdiction found lacking on

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assertions that plaintiffs (1) are of Moorish descent and thus not American citizens, (2) possess
special rights, and (3) are not subject to American Law));
IT IS on this 25th day of January, 2012, ORDERED as follows:
1. Plaintiffs application to proceed in forma pauperis is granted. (ECF No. 1.)
2. The clerk is directed to file Plaintiffs Complaint.
3. This action is remanded to Neptune Township Municipal Court as this Court lacks
jurisdiction.

l.

c.
CLAIRE C. CECCID, U.S.D.J.

DATED: January 25, 2012

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