Brown-Bey v. Mecklenburg County Health Department (Vital Records), et al

Filing 14

ORDER denying 13 Motion for Reconsideration, and his Amended Complaint (Doc. No. 8) is DISMISSED as frivolous, see § 1915(e)(2).1. Signed by Chief Judge Frank D. Whitney on 6/4/18. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00279-FDW
EDDRICCO LI'SHAUN BROWN-BEY, )
)
Plaintiff,
)
)
vs.
)
)
MECKLENBURG COUNTY HEALTH )
DEPARTMENT (VITAL RECORDS), )
et al.,
)
)
Defendants.
)
____________________________________)

ORDER

THIS MATTER is before the Court upon Plaintiff Eddricco Li'shaun Brown-Bey’s
motion for reconsideration, captioned as "Affidavit of Fact Demand for Relief from Judgment,"
of the Court’s June 16, 2017 Order (Doc. No. 4) dismissing his civil rights Complaint (Doc. No.
1). (Doc. No. 13.)
Plaintiff is a prisoner of the state of North Carolina, who, on May 25, 2017, filed a selfstyled “Criminal Complaint” demanding criminal prosecution of the named Defendants because
the certificate of live birth issued by Defendants lists his race as “black.” (Order Dismissing
Compl. 2, Doc. No. 4.) According to Plaintiff, “black” is a slave label, and Defendants’ use of
the word on his birth certificate constitutes “denationalization,” which he asserts is a federal
crime. (Id.) The Court dismissed the Complaint as “frivolous on its face,” concluding that it was
based upon an indisputably meritless legal theory. (Id.)
Plaintiff filed an Amended Complaint and a notice of appeal on June 22, 2017. (Doc.
Nos. 8, 9.) His direct appeal was dismissed on August 21, 2017, for failure to prosecute. (Doc.
No. 12-1.) Plaintiff filed the instant motion to reconsider on October 26, 2017, seeking review of
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his Amended Complaint. (Doc. No. 13.)
Federal Rule of Civil Procedure 60(b) enumerates specific circumstances in which a party
may be relieved of the effect of a federal judgment, such as mistake, newly discovered evidence,
and fraud. Fed. R. Civ. P. 60(b)(1)-(3). The Rule concludes with a catchall category providing
that a federal court may lift a judgment for “any other reason that justifies relief.” Id. at Rule
60(b)(6).
Plaintiff’s Amended Complaint is based upon the same indisputably meritless legal
theory he relied upon in his original Complaint.1 Accordingly, his motion for reconsideration
shall be denied.
IT IS, THEREFORE, ORDERED that Plaintiff’s motion for reconsideration, captioned
as "Affidavit of Fact Demand for Relief from Judgment” (Doc. No. 13), is DENIED, and his
Amended Complaint (Doc. No. 8) is DISMISSED as frivolous, see § 1915(e)(2).

Signed: June 4, 2018

1

Plaintiff has relied upon the same theory in at least three other civil actions that have been dismissed as frivolous.
See Brown-Bey v. Hooks, et al., No. 1:18-cv-15-FDW, 2018 WL 576309, at *2 (W.D.N.C. Jan. 26, 2018)
(frivolous); Brown-Bey v. State of North Carolina, et al., No. 1:17-cv-00722 (D. D.C. April 14, 2017) (frivolous);
Brown–Bey v. North Carolina House of Representatives, et al., No. 1:16–cv–00375–FDW (W.D.N.C. Jan. 27, 2017)
(frivolous).

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