United States District Court, N.D. Florida, Pensacola Division
REPORT AND RECOMMENDATION
ELIZABETH M. TIMOTHY CHIEF UNITED STATES MAGISTRATE JUDGE.
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.
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.
claims that he is the defendant in Case No.
3:04-cr-00090-LC-MD (ECF No. 1 at 1-7). 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
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
Exhibit 6: “True Bill/Charging Instrument
Exhibit 7: “Fidelity Advisor Small Cap B, Fund
Exhibit 8: “Cusip Results for: (CC
(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), ...