Opinion
CIVIL ACTION NO. H-02-2726
March 3, 2003
MEMORANDUM AND ORDER
Pending before the Court is Defendants' motion to dismiss. (Document # 4.) After reviewing the record and applicable law, the Court concludes that the motion should be GRANTED.
Kechinyere Franca Azaga ("Azaga"), proceeding pro se, filed the above-referenced action in the 80th Judicial District Court of Harris County, Texas on June 24, 2002. Azaga's handwritten petition asserts that "[m]y ss# is mestup [ sic] with SSA, so is my tax record. As of I-R-S [ sic], more than a lot is wrong with my record with their department." (Document # 1 Ex. A.) Defendants removed Azaga's action to this Court on July 18, 2002.
In the motion presently before the Court Defendants argue that Azaga's motion should be dismissed. (Document # 4.) On March 14, 1997 the Honorable Nancy F. Atlas issued an order barring Azaga from filing any action in the Southern District of Texas "without first obtaining written leave to file from the `miscellaneous judge' of this court." (Document # 4 Ex. A.) Nothing in the record suggests that Azaga has sought leave of the miscellaneous judge as required by Judge Atlas's order. Moreover, the Court's review of Azaga's complaint reveals that it fails to state any claim upon which relief can be granted. Azaga vaguely claims that she is having trouble with the Social Security Administration and the Internal Revenue Service. Azaga does not identify what kinds of problems she is having or what causes of action she is asserting.
Accordingly, the Court
ORDERS that Defendants' motion to dismiss is GRANTED.