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Habibullah v. Chief of Dallas Police Dept

United States District Court, N.D. Texas, Dallas Division

September 3, 2019

Abdulhakim Habibullah, Plaintiff,
v.
Chief of Dallas Police Dept, et al., Defendants.

          FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

          RENEE HARRIS TOLIVER JUDGE

         Pursuant to 28 U.S.C. § 636(b) and Special Order 3, this civil action was referred to the United States magistrate judge for case management, including findings and a recommended disposition. Upon review of the relevant pleadings and applicable law, this action should be summarily DISMISSED WITH PREJUDICE.

         I. BACKGROUND

         On June 27, 2019, Habibullah filed a pro se complaint on the prisoner's civil rights complaint form against the Chief of the Dallas Police Department and the Chief of the Dallas Area Rapid Transit Police Department. Doc. 3 at 1, 3; Doc. 6 at 5. Habibullah, who apparently is homeless, complains that Defendants refused “to protect and keep him from being stalked, followed and cased by gang members.” Doc. 3 at 3. He avers:

Plaintiff arrived in Dallas, Texas, on 3/13/19 and did make contact with Chief of Police Office concerning 2 murder for hire contract that's been placed against Plaintiff life. Plaintiff made Chief of Police office aware that gang members is in fact stalking, casing and following him for the sole purpose of murdering him for the monies that's been put up by drug kin-pins to have him murdered. Plaintiff also have several pictures of those gang members whose been following him in his google account.

Doc. 3 at 4 (misspelling and grammatical errors in original).

         Habibullah also asserts that his “life is in serious danger” and further alleges:

On 4-16-19, SVC #CF5-2019-060237 was riding on public transportation bus #11 coming down Maclom X Street when three vehicles smashed into back of bus! Thomas Law Office was defending Plaintiff when trying to obtained records to above case # they were blocked by Dallas Area Rapid Transit as well as Plaintiff when trying to make an attempt to get records for all parties involved.

Doc. 3 at 5 (misspelling and grammatical errors in original)

         Liberally construed, Habibullah's complaint seeks an investigation into the foregoing allegations. Doc. 3 at 4. Habibullah also requests “all records of parties that was [sic] involved and any other relief that this court see fit.”” Doc. 3 at 5.

         Additionally, on July 5, 2019, Habibullah filed pleading titled, Motion for Immediate Action, in which he asserts:

On 7/4/19, I was being following by a person whom I notice followed Plaintiff last week to Arlington Tx as well as several other individuals whom was waiting on me to try and perform a physical acted against my life for the murder for hire contract. Let the record reflect Im constantly under watch by Dallas Tx gang members whom are trying to murder me!
Can this Court issue an order having agents investigate?

Doc. 7 (misspelling and grammatical errors in original).[ ...


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