United States District Court, S.D. Texas, Houston Division
MEMORANDUM AND EECOMMENDATION
JOHNSON, UNITED STATES MAGISTRATE JUDGE
before the court is Defendant's Motion to Dismiss
(Docs. 3 & 13) and Plaintiff's Emergency Motion (Doc.
24). The court has considered the motions, the response, if
any, all other relevant filings, and the applicable law. For
the reasons set forth below, the court
RECOMMENDS that Defendant's motion be
GRANTED and Plaintiff's motion be
February 28, 2019, the present lawsuit was removed to this
court. On March 1, 2019, Defendant filed a motion
to dismiss for failure to state a claim. On April 3, 2019,
the court found that "Plaintiff's purported
complaint primarily consists of incoherent discussions of
'Moorish Americans' and is filled with a barrage of
legal citations" and that Plaintiff had failed to comply
with Federal Rule of Civil Procedure ("Rule")
Accordingly, the court ordered Plaintiff to file an amended
complaint that complied with federal pleading
April 12, 2019, Plaintiff filed his "Affidavit of Fact
Amended Complaint," which contains the same incoherent
discussions of "Moorish Americans" and irrelevant
legal citations as Plaintiff's amended
complaint. Each page contains the heading
"Moorish National Republic Federal Government" and
has what appears to be Plaintiff's thumb print on i~. An
example of the incoherent language contained within the
amended complaint can be found at the top of the first page
where Plaintiff states:
"I have no money and not been paid money no one has
money, and that leads to fraud platform. Under this system
not allowed to have: money The Trust that's operating
equals to Discharge or Set off which is unlawful to engage in
anything other than, see Executive order given April 5, 1933
May 1, 1933. On November 11 2018 George W Bamberg, Jr Dora
Nova Ira Quest Ira Morris, Lendais Hollrah and Snowden was
give Legal Notice of my Status correction also Affidavit of
Fact Writ in Nature of Discovery and Affidavit of Fact and
Discovery: Writ of right."
remainder of Plaintiff's amended complaint contains
similar, incomprehensible language. On May 2, 2019, Defendant
filed his pending supplemental motion to dismiss for failure
to state a claim, making the same arguments as in the first
motion to dismiss.
September 19, 2019, the court held a status
conference.At the status conference the court asked
Plaintiff to explain his lawsuit. Plaintiff's attempt to
explain his lawsuit was as legally-incomprehensible as his
September 27, 2019, Plaintiff filed his pending
emergency-motion. Plaintiff's emergency motion
contains the same references to "Moorish
Americans," numerous legal citations, and confusing
language similar to other plead:.ngs filed in this lawsuit.
Attached to the motion is a final notice to vacate a premises
that the court assumes belongs to Plaintiff. The notice
states that a writ of possession will be executed on the
premises on September 28, 2019. It appears that Plaintiff
filed his emergency motion in an attempt to block the
execution of the writ of possession.
Plaintiff is pro se, nis allegations are entitled to
a liberal construction. See Erickson v. Pardus, 127
S.Ct. 2197, 2200 (2007) (citing Estelle v. Gamble,
97 S.Ct. 285, 292 (1976)); see also Haines v.
Kerner, 92 S.Ct. 594, 596 (1972) (noting that
allegations in a pro se complaint, however inartfully
pleaded, are held to less stringent standards than formal
pleadings drafted by lawyers). Even under this lenient
standard, a plaintiff must allege more than "labels and
conclusions' or a 'formulaic recitation of the
elements of a cause of action[.]" Ashcroft v.
Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949 (2009)
(quoting Bell Atlantic Corp. v. Twombly, 550 U.S.
544, 555 (2007)).
state a claim for which relief may be granted under the
federal pleading rules "[a] complaint must be plausible
on its face based on factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged." Whitaker v.
Collier, 862 F.3d 490, 497 (5th Cir. 2017) (internal
quotation marks and citations omitted). A plaintiff must
articulate "enough facts to state a claim to relief that
is plausible on its face." Bell Atlantic Corp. v.
Twombly, 127 S.Ct. 1955, 1974 (2007). "A pleading
that offers 'labels and conclusions' or 'a
formulaic recitation of the elements of a cause of action
will not do.'" Ashcroft v. Iqbal, 129 S.Ct.
1937, 1949 (2007) (quoting Twombly, 127 S.Ct. at
requires that a complaint have a "short and plain
statement of the claim showing that the pleader is entitled
to relief." See Fed.R.Civ.P. 8(a)(2). From
Plaintiff's amended complaint, subsequent pleadings, and
emergency motion the court is unable to discern
Plaintiff's factual allegations or legal arguments, and
cannot draw any inference that Plaintiff is entitled to any
relief from Defendant. Plaintiff's pleadings fail to
comply with the applicable pleading rules.
court has given Plaintiff multiple chances to explain the
legal and factual basis of his lawsuit and Plaintiff has been
unable to do so. Accordingly, Defendant's motion to
dismiss should be GRANTED.
extent that, through his emergency motion, Plaintiff seeks a
preliminary injunction to e;njoin the execution of the writ