Brown-Bey v. Mecklenburg County Health Department (Vital Records), et al
Filing
4
ORDER DISMISSING CASE and granting 2 Motion to proceed in forma pauperis. Signed by Chief Judge Frank D. Whitney on 6/15/17. (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-BEY1, )
)
Plaintiff,
)
)
vs.
)
)
MECKLENBURG COUNTY HEALTH )
DEPARTMENT (VITAL RECORDS), )
et al.,
)
)
Defendants.
)
____________________________________)
ORDER
THIS MATTER is before the Court upon initial review of Eddricco Li'shaun BrownBey’s self-styled “Criminal Complaint” (Doc. No. 1), docketed in this Court on May 25, 2017,
and motion to proceed in forma pauperis (Doc. No. 2), docketed on June 9, 2017.
I. STANDARD OF REVIEW
Because Plaintiff seeks to proceed in forma pauperis, the Court must review his petition
to determine whether it is subject to dismissal on the grounds that it is “frivolous or malicious
[or] fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2). Furthermore,
§ 1915A requires an initial review of a “complaint in a civil action in which a prisoner seeks
redress from a governmental entity or officer or employee of a governmental entity,” and the
court must identify cognizable claims or dismiss the complaint, or any portion of the complaint,
if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be
1
Incarcerated under the name Eddricco Lishaun Brown. See N. C. Department of Public Safety Public Offender
Information, available at http://webapps6.doc.state.nc.us/opi/offendersearch.do?method=list Offender # 0700738
(last viewed May 30, 2017).
1
granted; or seeks monetary relief from a defendant who is immune from such relief. Id. In its
frivolity review, this Court must determine whether the petition raises an indisputably meritless
legal theory or is founded upon clearly baseless factual contentions. Neitzke v. Williams, 490
U.S. 319, 327-28 (1989).
II.
DISCUSSION
Plaintiff is a prisoner of the State of North Carolina. He has filed a self-styled “Criminal
Complaint” demanding criminal prosecution of the named Defendants because the certificate of
live birth issued by Defendants lists his race as “black.” 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.
Plaintiff’s Complaint is based on an indisputably meritless legal theory and frivolous on
its face. See e.g. United States v. Anzaldi, 800 F.3d 872, 878 (7th Cir. 2015) (describing a
defendant's argument that his “ancestors came from Africa, that he is therefore a Moorish
national, and that as a result he need obey only those laws mentioned in an ancient treaty
between the United States and Morocco” as having “no legal support”). This is the second
frivolous lawsuit Plaintiff has filed based on his asserted status as a “Moorish National.” See
Brown-Bey v. North Carolina House of Representatives, et al., 1:16-cv-00375-FDW (W.D.N.C.
dismissed Jan. 27, 2017). A third such lawsuit could result in Plaintiff being subject to pre-filing
penalties in the future. See 28 U.S.C. § 1915g (prohibiting a prisoner from filing civil actions in
forma pauperis if, on 3 or more prior occasions, he has brought an action in a federal court that
was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon
which relief may be granted).
IT IS, THEREFORE, ORDERED that:
2
1. Petitioner’s Complaint (Doc. No. 1) is DISMISSED as frivolous, see §
1915(e)(2);
2. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is GRANTED for
the limited purpose of this Court's review; and
3. The Clerk is directed to terminate this action.
SO ORDERED.
Signed: June 15, 2017
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?