Moore v. United States Congress

Filing 14

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. The Court dismisses this action without prejudice and without issuance and service of process. Signed by Honorable Richard M Gergel on 8/8/2013.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
RECfIV€.C
FOR THE DISTRICT OF SOUTH CAROLINA US DC, CLFF;~ C'lI~\Rn r,F~l. SC
CHARLESTON DIVISION

2Gn AUG -8 P 2: 21
Karen Moore,
Plaintiff,
v.
United States Congress, U.S. House of
Representatives,
Defendants.

)
)
)
)
)
)
)

)

)

)

)

No.2: I3-cv-I745-RMG

ORDER

This matter is before the Court on the Report and Recommendation ("R&R") of the
Magistrate Judge recommending that the Court dismiss this action without prejudice and without
issuance and service of process. (Dkt. No. 11). For the reasons set forth below, the Court agrees
with and adopts the R&R as the order of the Court.

Background
Plaintiff, proceeding pro se and in forma pauperis, filed this action on June 26, 2013,
against the United States Congress challenging the constitutionality of the statute of limitations
applicable in copyright infringement actions, 17 U.S.C. § 507. (Dkt. No.1). Plaintiff claims the
statute is unconstitutional because it discriminates against those whose mental disabilities
prevent them from filing within the limitations period. (Id.). This action was then automatically
referred to a Magistrate Judge for pre-trial handling pursuant to 28 U.S.C. § 636(b) and Local
Civil Rule 73.02(S)(2)(e) DSC. Under established local procedure in this district, the Magistrate
Judge conducted a careful review of the pro se complaint pursuant to the provisions of28 U.S.C.
§ 1915. The Magistrate Judge then issued the present R&R recommending the Court dismiss

this action without prejudice and without issuance and service of process.

(Dkt. No. 11).

Plaintiff did not file timely objections to the R&R.

Legal Standard
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility for making a final determination remains with
this Court. Mathews v. Weber, 423 U.S. 26 I, 270-71 (1976). This Court is charged with making
a de novo determination of those portions of the R&R to which specific objection is made.
Additionally, the Court may "accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). This Court may also
"receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
Under 28 U.S.C. § 1915(e)(2)(8), the court shall dismiss an action filed in forma

pauperis if it determines 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."
In reviewing these pleadings, the Court is mindful of Plaintiff's pro se status. This Court
is charged with liberally construing the pleadings of a pro se litigant. See, e.g., De'Lonta v.

Angelone, 330 F.3d 630,633 (4th Cif. 2003). The requirement of a liberal construction does not
mean, however, that the Court can ignore a plaintiff's clear failure to allege facts that set forth a
cognizable claim, or that a court must assume the existence of a genuine issue of material fact
where none exists. See United States v. Wilson, 699 F.3d 789, 797 (4th Cir. 2012).

Discussion
After careful review of the record and the R&R, the Court finds the Magistrate Judge
accurately summarized the facts and applicable law and therefore adopts the R&R as the order of

2

the Court. The Court agrees that this action should be dismissed under 28 U.S.C. § 1915 because
members of Congress are immune from suit because of legislative immunity.
Conclusion

For the reasons set forth above, the Court agrees with and adopts the R&R as the order of
the Court. (Dkt. No. 11). Accordingly, the Court dismisses this action without prejudice and
without issuance and service of process.

Richard Mar
gel
United States District Court Judge

August~, 2013
Charleston, South Carolina

3