Opinion
CASE NO. 7:15-CV-00353
02-02-2016
MICHAEL LAMAR JONES a/k/a WALI ABDUL RAHIM, Plaintiff, v. PUBLIC SERVANT CORORPATE, et al., Defendant.
ORDER
This matter comes before the Court sua sponte. Plaintiff, an incarcerated individual proceeding pro se, filed this suit pursuant to 42 U.S.C. § 1983 on June 26, 2015. As it existed at that time, Federal Rule of Civil Procedure 4(m) required Plaintiff to serve Defendants within 120 days of the date on which he filed his complaint. Otherwise, the Court must dismiss the case without prejudice. The 120-day deadline has expired without service upon Defendants. Accordingly, this case is DISMISSED without prejudice.
The action was thrice "conditionally filed" and Plaintiff consented to the payment of the filing fee on August 14, 2015. (Dkts. 2, 6, 11, 14). No substantive activity on the docket has taken place since that date.
Specifically, over 200 days have passed since Plaintiff initially submitted his Complaint. Even from the latest possible date—August 14, 2015, the day on which he consented to the payment of the filing fee—over 165 days have passed.
The Court further observes that the Complaint is likely frivolous and fails to state a claim, although it does not rest dismissal on that ground. See 28 U.S.C. § 1915(e)(2)(B)(i)-(ii); Fed. R. Civ. P. 12(b)(6). For example, the Complaint relies upon the "Zodiac Constitution," as well as "Treaty of Peace and Friendship" between Morocco and the United States. (Dkt. 1 at ECF 3-7). It also seeks enforcement of, inter alia, the "Divine Constitution and by-laws of the Moorish Science Temple of America." (Id. at ECF 18). In other words, it has the hallmarks of the type of pleadings that courts recognize are frivolous. See, e.g., El Ameen Bey v. Stumpf, 825 F. Supp. 2d 537, 539-48 (D.N.J. 2011) (surveying cases discussing the "Moorish American" and "sovereign citizenship" movements); Murakush Caliphate of Amexem Inc. v. New Jersey, 790 F. Supp. 2d 241, 242 (D.N.J. 2011); Best-El Bey v. Paul, No. 3:14-CV-132-FDW, 2014 WL 3749144, at *2-4 (W.D.N.C. July 30, 2014).
This case is hereby STRICKEN from the active docket. The Clerk of the Court is hereby directed to send a certified copy of this order to the pro se Plainitff.
Entered this 2nd day of February, 2016.
/s/_________
NORMAN K. MOON
UNITED STATES DISTRICT JUDGE