TAYLOR v. DRUG ENFORCEMENT ADMINISTRATION (D.E.A.)

Filing 2

MEMORANDUM OPINION. Signed by Judge Mark R. Hornak on 12/27/16. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MIA R. TAYLOR,

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Plaintiff,

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Civil Action No. 2:16-cv-01862

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v.

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DRUG ENFORCEMENT
ADMINISTRATION (D.E.A.),
Defendant.

U.S. District Judge Mark R. Hornak

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MEMORANDUM OPINION
Mark R. Hornak, United States District Judge

In this action, the Plaintiff Mia R. Taylor appears pro se. She is seeking in forma
pauperis ("IFP") status to pursue what appears to be some sort of civil action relative to the
forfeiture of some sort of property, seemingly by the federal Drug Enforcement Administration
("DEA"), none of which is described in detail in her "Motion to Set Aside Forfeiture", all filed at
ECF No. 1 in this case.
Ms. Taylor says that she is a resident in Phoenix, Arizona. Records available on PACER
reveal that she was recently indicted by a federal grand jury in that locale for a bevy of federal
firearms offenses, and the indictment contains forfeiture allegations as to a fleet of guns and
ammo. See United States v. Mia Rochelle Taylor, No. 16-cr-1377-DLR-1 (D. Ariz. Nov. 15,
2016) at ECF :'.'Jo. 1. Nowhere in those papers, or in those filed here, is any relationship with this
judicial district revealed, nor does an examination of the papers that Ms. Taylor has filed here, or
of those filed against her in Arizona, demonstrate any basis for this Court to exercise its federal
jurisdiction and grant any sort of judicial or other relief to Ms. Taylor.

As this Court previously noted, in a case filed in this format, the Court applies a two-step
process. The first is to determine whether the papers of record reveal that IFP status is warranted.
Then, if the answer to that question is "yes" the Court proceeds to examine the
complaint/moving papers of the plaintiff to determine if they state a claim for relief under the
applicable law. If the answer to that query is "no", then the Court dismisses the filing with leave
to amend, unless the Court concludes that any such amendment would be futile. See Detar v.

US. Government, No. 13-1499, 2014 WL 517715 (W.D. Pa. Feb. 7, 2014).
The Court has examined the filings of the Plaintiff in this case, and concludes that IFP
status is supp011ed by them, and it will be granted. However, the balance of the Plaintiffs papers
in this Court fail to demonstrate any basis to conclude that venue over the matters stated would
lie in this judicial district, or that any relief is available to the Plaintiff in this Court, or any other.
The papers filed here make general assertions about the wrongful forfeiture of some property
(perhaps currency, but that is vague also), with no details at all. Those papers list as an "attorney
for defendant" one Larry D'Orazio of Springfield, Virginia, who based on his "leo.gov" email
address as disc:overed on-line may have something to do with federal law enforcement auctions.
The Court has considered the provisions of 18 U.S.C. § 983, along with the provisions of
Fed. R. Civ. P. Rules C, E and G, and matching them up against the assertions of the "motion"
filed here, the Court still cannot divine what the Plaintiff is talking about, why she believes these
matters are ripe for disposition, why this Court would be the place to do any of that, and what
relief she would be entitled to. The long and the short of it is that the Motion filed by the Plaintiff
simply falls short of any minimal standard, even liberally construed, for the assertion of a claim
in federal court.

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Therefore, the Court will grant the Plaintiffs request for IFP status, and will then dismiss
the "Motion to Set Aside Forfeiture", ECF No. 1, without prejudice and with leave to amend.
Any such amended pleading shall be filed on or before January 20, 2017. The failure to do so
may result in such dismissal being converted to a dismissal with prejudice without further notice.
An appropriate Order will be issued.

Mark R. Hornak
United States District Judge
Dated: December 27, 2016
cc:

Mia R. Taylor
3506 W. Saint Charles Avenue
Phoenix, AZ 85041
Larry D'Orazio
87()'1 Morrissette Drive
Springfield, VA 22152

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