Aden v. Tennessee, State of et al

Filing 4

MEMORANDUM AND ORDER: therefore, is GRANTED. The Application to proceed in forma pauperis (Doc. No. 2) Clerk will file the Notice in forma pauperis. The Plaintiff is hereby ASSESSED the civil filing fee of $350.00. Accordingly, this acti on is hereby DISMISSED. The Clerk is directed to send a copy of this Order to the Warden of the West Tennessee State Penitentiary. Entry of this order shall constitute the judgment in this action. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/25/2017. (xc:Pro se party and Warden of West Tennessee State Prison by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

MOUSEN Y. ADEN
Plaintiff,
v.
STATE OF TENNESSEE, et al.
Defendants.

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NO. 3:17-cv-00867
CHIEF JUDGE CRENSHAW

MEMORANDUM AND ORDER

Mousen Aden, is an inmate at the West Tennessee State Penitentiary in Henning, Tennessee.
He has filed pro se a pleading entitled “Notice of Head of State Immunity” (Doc. No. 1) and an
Application to proceed in forma pauperis (Doc. No. 2).
It appears from the Application that the Plaintiff lacks sufficient financial resources from
which to pay the fee required to file the Notice. The Application, therefore, is GRANTED. The
Clerk will file the Notice in forma pauperis. 28 U.S.C. § 1915(a).
The Plaintiff is hereby ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C. §
1915(b)(1)(A) and (B), the custodian of the Plaintiff's inmate trust account at the institution where
he now resides is directed to submit to the Clerk of Court, as an initial partial payment, whichever
is greater of:
(a) twenty percent (20%) of the average monthly deposits to the Plaintiff's inmate trust
account; or
(b) twenty percent (20%) of the average monthly balance in the Plaintiff's inmate trust
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account for the prior six (6) months.
Thereafter, the custodian shall submit twenty percent (20%) of the Plaintiff's preceding
monthly income (or income credited to the Plaintiff's trust account for the preceding month), but
only when such monthly income exceeds ten dollars ($10.00), until the full filing fee of three
hundred fifty dollars ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk
of Court. 28 U.S.C. § 1915(b)(2).
Plaintiff brings this action against the State of Tennessee and Glenn Funk, the District
Attorney General for Davidson County. He does not, however, set forth any claims against these
defendants. The Plaintiff, rather, “advises” us that “... this country is my ‘instrumentality’ thus I am
‘The God’ of the United States of America Godhead. Due to : Shariah Law.” (Doc. No. 1 at 2). He
goes on to declare himself “the King of the United States of America” and “the Christ, the Savior
of the world.” (Id. at 4).
Plaintiff’s utterances are so attenuated and unsubstantial as to be absolutely devoid of merit.
They are an excellent example of the type of “fantastic and delusional scenario” that the Supreme
Court has recognized to be frivolous within the meaning of 28 U.S.C. § 1915(e)(2). Neitzke v.
Williams, 490 U.S. 319, 328 (1989). A district court possesses the authority to dismiss frivolous
actions. Brooks v. Seiter, 779 F.2d 1177, 1179 (6th Cir. 1985). Accordingly, this action is hereby
DISMISSED.
Because substantive claims cannot be adequately ascertained from the Plaintiff’s Notice, an
appeal of this order and the judgment rendered herein would not be taken in good faith. Coppedge
v. United States, 369 U.S. 438, 445 (1962). Therefore, the Plaintiff is NOT certified to pursue an
appeal of this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).

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Nevertheless, should the Plaintiff decide to file a notice of appeal, he must either pay the
Clerk of Court the full appellate filing fee of five hundred five dollars ($505.00) or submit a new
application to proceed in forma pauperis with a certified copy of his inmate trust account statement
for the previous six month period. 28 U.S.C. § 1915(a)(1); McGore v. Wrigglesworth, 114 F.3d 601,
609 (6th Cir. 1997), abrogated on other grounds, LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir.
2013).1
The Clerk is directed to send a copy of this Order to the Warden of the West Tennessee State
Penitentiary to ensure that the custodian of Plaintiff's inmate trust account complies with that portion
of the Prison Litigation Reform Act relating to the payment of the filing fee.
Entry of this order shall constitute the judgment in this action.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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In a departure from former practice, an individual or prisoner granted pauper status before
the district court is no longer automatically entitled to pauper status on appeal. McGore, at 610.
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