Opinion
3:11-cv-00530-ECR-RAM
08-01-2011
WILLIAM JOHN CONNORS, III, Plaintiff, v. DAVID ROGERS, Defendant.
ORDER
Plaintiff has submitted an action apparently seeking release of the "vessel William-John Connors, III ©" from the possession or custody of Clark County and its district attorney. The true nature of the relief sought and the facts underlying the action are unclear from the contents of the matters submitted, which include the "In Rem" Complaint along with a Notice of Special Appearance, a purported Removal Bond, a Petition of Removal invoking "special admiralty jurisdiction In Rem"and a Request for Waiver of Service addressed to respondent David Rogers (ECF No. 1, and 1-1- through 1-6). It appears, however, that plaintiff believes he, the vessel, is being wrongfully possessed or held in the custody of Clark County District Attorney David Rogers. See Complaint In Rem, p. 2 of 5, paragraph 2 and paragraph 3(A). The matters before the Court raise various questions and concerns which must be resolved before the matter can proceed.
It appears that plaintiff has designated himself a "vessel" and seeks the application of maritime law in "Special Admiralty Jurisdiction." The purpose of this designation is unclear and appears to be completely fanciful. The documents filed along with the in rem complaint also raise questions as to their purpose or intent.
First, plaintiff has neither paid the required filing fee nor filed an appropriate motion for leave to proceed in forma pauperis. The documents before the Court cannot be filed and will not receive further review without either payment of the required filing fee or a grant of leave to proceed in forma pauperis based on a fully complete motion.
The filing fee for proceeding on a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254, which might possibly be the proper vehicle in ths instance is $5. The filing fee for proceeding on a civil complaint is $350. Based on the contents of the submissions made by the plaintiff, the Court is unclear what he desires to accomplish through this action. Plaintiff shall be sent the correct pauper form for use should he wish to file a motion for leave to proceed in forma pauperis in this action. Accordingly, Plaintiff shall be given leave to proceed in forma pauperis on a temporary basis.
Second, as indicated, the nature of the action plaintiff wishes to pursue is unclear. Plaintiff shall also be sent the forms and instructions for filing a habeas petition and a civil rights action. Plaintiff should use the proper form, following the proper instructions, to amend his initiating documents in order to present a coherent cause of action which describes for the court the relief sought and the facts entitling plaintiff to that relief.
IT IS THEREFORE ORDERED that plaintiff is granted leave to proceed in forma pauperis on a temporary basis.
IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a set of forms for a motion to proceed in forma pauperis, as well as instructions and forms for a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and a civil rights action. Plaintiff shall have thirty (30) days from the date of the entry of this order within which to either pay the required filing fee, or file a fully and properly completed motion for leave to proceed in forma pauperis, including a financial certified signed by the proper prison or jail official. The failure to timely do so will result in the dismissal of this action.
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UNITED STATES DISTRICT JUDGE