Moshir v. Independent and Globalist Political Party of United States of America…

Background

Al Moshir brought the action without a lawyer. The court had previously allowed him to proceed without prepaying filing fees. The complaint was handwritten and included illegible writing in the margins. The court stated that it was unclear who Moshir intended to sue, what happened, what legal claims he sought to bring, and what relief he wanted. The opinion reproduces one of the complaint's statements and describes the rest of the complaint as similarly indecipherable.

Court’s analysis

Because Moshir was proceeding without prepaying filing fees, the court was required to screen the complaint under 28 U.S.C. § 1915(e)(2)(B). That law requires dismissal of a complaint that is frivolous, malicious, fails to state a claim, or seeks money from a defendant protected from that type of relief. The court also noted that it must dismiss a case when it lacks authority to hear the claims.

The court considered the complaint even under the more forgiving standard applied to filings by people without lawyers. It nevertheless found that the claims were irrational and that the complaint did not provide a legal theory, facts describing what happened, or a clear statement of the defendants or requested relief. The court therefore found dismissal for frivolousness warranted under 28 U.S.C. § 1915(e)(2)(B)(i).

Disposition

Judge Laura Taylor Swain dismissed the complaint as frivolous. Although courts generally give a self-represented plaintiff an opportunity to amend a defective complaint, the court declined to do so because it found that the defects could not be cured by amendment. The court directed the Clerk of Court to enter judgment. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.