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Maldonado v. Perkins

United States District Court, M.D. Florida, Fort Myers Division

April 28, 2017

DAVID RAY MALDONADO, Plaintiff,
v.
TERENCE PERKINS, in his personal capacity, JANE DOE PERKINS, R. J. LARIZZA, in his personal capacity, JANE DOE LARIZZA, STATE OF FLORIDA, and FLAGER COUNTY 7TH JUDICIAL CIRCUIT COURT, Defendants.

          ORDER OF DISMISSAL

          JOHN E. STEELE SENIOR UNITED STATES DISTRICT JUDGE.

         Plaintiff, an inmate at the Moore Haven Correctional Facility in Moore Haven, Florida, initiated this action by filing a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 against Defendants Jane Doe Larizza, R. J. Larizza, Jane Doe Perkins, and Terence Perkins (Doc. 3, filed March 27, 2017). Along with his complaint, Plaintiff filed a motion to proceed in forma pauperis (Doc. 2). On April 21, 2017, Plaintiff filed an amended complaint in which he added the State of Florida and the Seventh Judicial Circuit Court as defendants (Doc. 9).

         Because Plaintiff seeks to proceed in forma pauperis, the Court must review his complaint to determine whether it is frivolous, malicious, or fails to state a claim upon which relief may be granted. See 28 U.S.C. §§ 1915(e)(2)(B)(i)-(iii).

         For the reasons given in this Order, the claims raised in the complaint are dismissed for failure to state a claim upon which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).

         I. Complaint

         Plaintiff's amended complaint is very difficult to understand. Generally, he asserts that he is “a constituent member of that certain body corporate and real and natural sovereign body known as the good People of these Colonies, successor sovereign to King George III of England. . .” (Doc. 9 at 1) (emphasis in original). He asserts that his complaint “does not fit within the DISTRICT COURT's form for civil rights violations as [he] is not [a] statutory citizen, and [he is] not claiming jurisdiction under said statutes.” Id. (emphasis in original). Plaintiff asserts that he is the “true heir and beneficiary” of his own legal estate, and as a result, he exercises his “right to the possession and control of the same.” Id. at 3.

         Plaintiff sues the Courts and prosecuting attorneys from his underlying criminal case and asserts that they (the defendants) are “for-profit corporations acting under military process as opposed to de jure courts and offices of the people.” Id. at 6. He asserts that the court “receives an income stream from every conviction, which is a huge conflict of interest.” Id. As a result, Plaintiff challenges the subject matter jurisdiction of the state criminal court, and urges that his conviction is void. Id. Plaintiff further urges that “criminal prosecutions are civil, and the Sureties are being put in prison for contempt for failing to pay the debt.” Id. at 9.

         Plaintiff seeks damages and the dismissal of his underlying criminal conviction (Doc. 9 at 11-12).

         II. Legal Standards

         A federal district court is required to review a civil complaint filed in forma pauperis and dismiss any such complaint that is frivolous, malicious, or fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915. The mandatory language of 28 U.S.C. § 1915 applies to all proceedings in forma pauperis. Section 1915 provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that-(A) the allegation of poverty is untrue; or
(B) the action or appeal-(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune ...

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