Jones v. All Public Officials

Background

Tyrell Lienell Jones filed this action without a lawyer. The court had previously allowed him to proceed without paying filing fees in advance. Jones submitted a notice reserving rights, an affirmation, and affidavits concerning a Social Security number and a power of attorney. The submissions also included statements that he was a “freeborn Sovereign” and was not a “person” under certain federal or state statutory definitions.

The court stated that it was unclear who the defendants were and what relief Jones sought. The case had originally been filed as a miscellaneous matter, but the court had directed that it be closed and opened as a new civil action.

Legal standard

Because Jones was proceeding without a lawyer and without prepaying fees, the court was required to screen his complaint. Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss an action that is frivolous, malicious, fails to state a claim for relief, or seeks money from an immune defendant. The court must also dismiss a case if it lacks subject-matter jurisdiction.

The court explained that filings by people without lawyers are read liberally, but they still must satisfy Rule 8 of the Federal Rules of Civil Procedure. Rule 8 requires a short and plain statement showing that the filer is entitled to relief. A claim must include enough factual allegations to be plausible, rather than merely possible.

Court’s reasoning

The court found that Jones’s submission did not comply with Rule 8. It contained extraneous and confusing information and did not clearly explain who Jones intended to sue or what claims he was asserting. The court said the submission did not identify with clarity the events or conduct underlying the claims or the relief Jones wanted. As a result, the defendants were not placed on notice of what Jones was alleging against them.

Disposition

The court dismissed Jones’s complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). It granted Jones leave to file an amended complaint. The amended complaint had to identify who violated his federally protected rights, explain how the violations occurred, and state when and where they occurred and why he was entitled to relief.

Jones was ordered to submit the amended complaint to the court’s Pro Se Intake Unit within 30 days of the order, label it “Amended Complaint,” and use docket number 23-CV-10044 (LTS). No summons would issue at that time. The court said that if Jones did not comply within the allowed period and could not show good cause for the failure, the Clerk would be directed to enter judgment. The court instructed the Clerk to keep the matter open until a civil judgment was entered.

Judge Swain also certified that any appeal from the order would not be taken in good faith and denied Jones permission to proceed without prepaying fees for an appeal.