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Ayllon v. Harrington

February 19, 2008

JORGE BURON AYLLON PLAINTIFF,
v.
SHARON A. HARRINGTON DEFENDANT.



The opinion of the court was delivered by: Dickinson R. Debevoise U.S.S.D.J.

OPINION

Plaintiff, Jorge Buron Ayllon has filed a five count complaint pursuant to 42 U.S.C. § 1983 alleging violations of his federal rights. He has named four Defendants;

Emilio Gonzalez, Director, U.S. Citizenship & Immigration Services

Robert M. Cowan, Director of the RMC/Office #: LA-192 U.S. Department of Homeland Security Lee's Summit, MO National Benefits Center

Senator Robert Menendez

State of New Jersey Department of Motor Vehicles

Plaintiff has applied for leave to proceed without payment of fees or costs pursuant to 28 U.S.C. § 1915. Although his application discloses that he has cash or checking or savings accounts in the total amount of $4,000, it also discloses that he is unemployed and possibly is liable for child support. His application under 28 U.S.C. § 1915 will be granted.

However, the court has an obligation under 28 U.S.C. § 1915(e)(2) to examine a complaint filed in forma pauperis and to dismiss it if it is frivolous or malicious or fails to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B).

The court has examined this eight page, single spaced complaint and finds it to be utterly incomprehensible. One can infer from the allegations contained in the complaint's 67 paragraphs that commencing in August, 2005, Plaintiff had dealings with the drivers license section of the New Jersey Motor Vehicle Agency, that somehow his work permit petition sent from New Jersey to the U.S. Citizenship Immigration Services in Chicago became relevant, that in the course of the interactions with the agencies his name was set forth erroneously on critical documents, appearing variously as Buron or Buronayllon instead of Buron Ayllon, that a work permit he submitted to the Motor Vehicle Agency has vanished, that the mix-ups have created multiple problems for Defendant with credit cards, bank accounts and employment checks. Somehow all of this is entwined with "the issues of H.I.V., Cuban Mariel, and terrorism". (Para. 29).

It is impossible to provide a coherent statement of the allegations of the complaint; instead, to provide some idea of the difficulties one has with this document, there will be set forth the title of each Count and a few representative paragraphs from the Count.

COUNT 1: VIOLATIONS of 42 U.S.C. 1983: CONSPIRACY

11. On the about month of August, 2005 Buron desperate driver licenses to be expired and because many identification required there all department of motor vehicle agency barred to renew the driver license to BURON.

18. The response of receiving, become from an USCIS Lee's Summit Missouri address post office box as ten months of delay or two months before expires and Buronayllon last name printed in the card mailed.

19. The schedule of biometric was never send or receive biometric result of Buron effort's schedules appointments at U.S. Citizenship immigration, Newark, Essex County, New Jersey work permit card ...


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