Kim v. Ms. Ward et al

Filing 7

[AMENDED] MEMORANDUM AND ORDER: Plaintiff is granted 3 leave to proceed in forma pauperis under 28 U.S.C. § 1915. Plaintiff's complaint is dismissed as to President Barack Obama pursuant to 28 U.S.C. §1915(e)(2)(B). No summons shall issue as to President Obama and the Clerk of Court is directed to amend the caption to reflect his dismissal from this action. Plaintiff's claims shall proceed against Ms. Ward, Operation Supervisor of Social Security Administratio n Brooklyn Card Center. The United States Marshal Service is directed to serve the summons, complaint, and this Order upon the remaining defendant without prepayment of fees. A courtesy copy of the same papers shall be mailed to the United States Att orney for the Eastern District of New York. All pretrial matters are referred to Magistrate Judge Ramon E. Reyes, Jr. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge William F. Kuntz, II, on 4/22/2013. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

------------------------------------------------------------~)(
WASHINGTON YOUNGGIL KIM,
Plaintiff,
MEMORANDUM AND ORDER

- against13-CV-1677 (WFK)(RER)
BARACK OBAMA; MS. WARD,
Operation Supervisor of Social Security
Administration Brooklyn Card Center,
Defendants.

-------------------------------------------------------------)(
.KUNTZ, II, United States District Judge.
Pro se plaintiff Washington Younggil Kim filed the instant civil action on March 27,
2013, along with a request to proceed in forma pauperis. Plaintiff alleges that on March 27,
2013, he was improperly denied a social security card at the Social Security Administration,
Brooklyn Social Security Card Center. Plaintiff is granted leave to proceed in forma pauperis
under 28 U.S.C. § 1915. For the reasons discussed below, the complaint is dismissed as to
President Barack Obama. Plaintiffs claims against defendant Ms. Ward shall proceed.
DISCUSSION

In reviewing plaintiff s complaint, the Court is mindful that, "[a] document filed pro se is
to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less
stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89,
94 (2007) (per curiam) (internal quotation marks and citations omitted); Harris v. Mills, 572 F.3d
66, 72 (2d Cir. 2009) (citations omitted). Nonetheless, a district court shall dismiss an informa
pauperis action where it is satisfied that the action "(i) is frivolous or malicious; (ii) fails to state
a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is
immune from such relief." 28 U.S.c. § 1915(e)(2)(B).

Plaintiff fails to make any factual allegations against President Barack Obama and he
appears to be named simply because of the position he holds. Therefore, all claims against
President Barack Obama are dismissed pursuant to 28 U.S.C. §1915(e)(2)(B).1
CONCLUSION

Accordingly, plaintiffs complaint is dismissed as to President Barack Obama pursuant to
28 U.S.C. §1915(e)(2)(B). No summons shall issue as to President Obama and the Clerk of
Court is directed to amend the caption to reflect his dismissal from this action. Plaintiff s claims
shall proceed against Ms. Ward, Operation Supervisor of Social Security Administration
Brooklyn Card Center.
The United States Marshal Service is directed to serve the summons, complaint, and this
Order upon the remaining defendant without prepayment of fees. A courtesy copy of the same
papers shall be mailed to the United States Attorney for the Eastern District of New York. All
pretrial matters are referred to Magistrate Judge Ramon E. Reyes, Jr .. The Court certifies
pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore
in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 269 U.S.

438, 444-45 (1962).
SO ORDERED.

s/WFK

Apr: f ,).
Dated: MaMh
,2013
Brooklyn, New York

I Even ifplaintitTasserted factual allegations, the claims would still fail because President Barack Obama has
absolute immunity from civil liability arising out ofthe execution of his duties. See Nixon v. Fitzgerald. 457 U.S.
731,756 (1982).