EL v. BRADY et al

Filing 2

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/13/14. 5/15/14 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

MA' AYA MEIGHAN EL

v.
NO. 14-2611

JUDGE FRANK BRADY
ATTORNEY DENNIS KELLY
MEMORANDUM

~

MAy/q ,2014

RUFE,J.

PlaintiffMa'aya Meighan El filed the instant lawsuit against Judge Frank Brady and
Attorney Dennis Kelly in connection with a criminal proceeding initiated against her in the
Philadelphia Municipal Court, MC-51-CR-0038412-2013. Plaintiffs claims are based on her
dissatisfaction with the manner in which Judge Brady handled a hearing or an issue in the
criminal proceeding, as well as her dissatisfaction with Dennis Kelly, who appears to have been
her attorney for purposes of that hearing or issue. Plaintiff cites the "Peace and Friendship
Treaty" as the basis for her claims and has attached documents to the complaint that appear to be
related to her "Moorish-American" status. She seeks monetary damages.
Plaintiffs motion to proceed in for ma pauperis is granted because he has satisfied the
requirements set forth in 28 U.S.C. § 1915. Accordingly, 28 U.S.C. § 1915(e)(2)(B)(i) and (ii)
apply, which require the Court to dismiss the complaint if it is frivolous or fails to state a claim.
A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v.
Williams, 490 U.S. 319, 325 (1989). A complaint is legally baseless ifit is "based on an

indisputably meritless legal theory," Deutsch v. United States, 67 F.3d 1080, 1085 (3d Cir.
1995), and factually baseless "when the facts alleged rise to the level of the irrational or the
wholly incredible." Denton v. Hernandez, 504 U.S. 25, 33 (1992). Additionally, to survive
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dismissal, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to
relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotations
omitted).
To the extent plaintiff raises claims based on a treaty between Morocco and the United States
or documents related to her "Moorish" status, her claims are frivolous. To the extent plaintiff is
seeking damages, pursuant to 42 U.S.C. § 1983, for violations of her constitutional rights in
connection with her criminal proceeding, her claims lack legal merit. Judge Brady is entitled to
absolute judicial immunity from claims based on acts he took in his judicial capacity, including
how he handled proceedings in plaintiffs criminal case. See Gallas v. Supreme Court of Pa.,
211 F.3d 760, 768 (3d Cir. 2000). Nor is there a basis for a claim against Attorney Kelly,
because he is not a state actor for purposes of§ 1983. See Polk Cnty. v. Dodson, 454 U.S. 312,
325 (1981); Angelico v. Lehigh Valley Hosp., Inc., 184 F.3d 268, 277 (3d Cir. 1999).
For the foregoing reasons, the Court will dismiss plaintiffs complaint. Plaintiff will not be
given leave to amend because amendment would be futile. See Grayson v. Mayview State Hosp.,
293 F.3d 103, 112-13 (3d Cir. 2002). An appropriate order follows.

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