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Abram v. United States

United States District Court, N.D. Florida, Pensacola Division

November 22, 2017

SAMUEL ROY ABRAM, Plaintiff,
v.
UNITED STATES, Defendant.

          REPORT AND RECOMMENDATION

          ELIZABETH M. TIMOTHY CHIEF UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, an inmate of the federal Bureau of Prisons, commenced this case by filing a “Bill in Equity” with several attachments (ECF No. 1). Plaintiff paid the filing fee.

         The case was referred to the undersigned for the issuance of all preliminary orders and any recommendations to the district court regarding dispositive matters. See N.D. Fla. Loc. R. 72.2(C); see also 28 U.S.C. § 636(b)(1)(B), (C); Fed.R.Civ.P. 72(b). Upon review of Plaintiff's initial pleading, the undersigned recommends that this case be dismissed as frivolous.

         Plaintiff claims that he is the defendant in Case No. 3:04-cr-00090-LC-MD (ECF No. 1 at 1-7).[1] Plaintiff claims that his “debt” to the United States in the criminal case is secured by a “trust” held by Fidelity Management & Research Company (“Fidelity”) (id.). Plaintiff seeks an accounting of the “Trust Res, ” “extinguishment” of his “debts” in the criminal case, and recoupment of any surplus remaining in the “trust” after his “debt” in the criminal case is “extinguished” (id.). Plaintiff attached the following “trust documents” to the Complaint:

Exhibit A: “Affidavit of Status of Samuel Roy Abram, American Freeman, Private Citizen of the United States”
Exhibit 1: “Notice of Deed of Acknowledgment and Acceptance Without Consideration/Release Without Consideration-Nunc Pro Tunc Ab Initio, with Birth Certificate”
Exhibit 2: “Rescission of Signatures of Suretyship-Nunc pro Tunc Ab Initio”
Exhibit 3: “Affidavit Re Proper Name”
Exhibit 4: “Notice of Private Trust Agreement”
Exhibit 5: “Affidavit of Exemption from Withholding”
Exhibit 6: “True Bill/Charging Instrument 3:04-cr-00090-LC-MD-1”
Exhibit 7: “Fidelity Advisor Small Cap B, Fund Printout”
Exhibit 8: “Cusip Results for: (CC 3:04-CR-00090-LC-MD-1)”

(ECF No. 1-1). Plaintiff also submitted a request for “Appointment of a Master in Chancery” (ECF No. 1-2), a document purporting to appoint the Clerk of this Court as “Trustee” (ECF No. 1-3), a “Notice of Interest” (ECF No. 1-4), ...


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