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Marrakush Society v. New Jersey State Police

July 30, 2009

MARRAKUSH SOCIETY, PLAINTIFF,
v.
NEW JERSEY STATE POLICE, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
PENNSVILLE, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
MOUNT LAUREL, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
WESTAMPTON, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
WILLINGBORO, ET AL., DEFENDANTS.
SHYAAM M.K. EL, PETITIONER,
v.
RONALD COX, ET AL., RESPONDENTS.
SHYAAM EL M.K., PLAINTIFF,
v.
RONALD COX, ET AL., RESPONDENTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
WILLINGBORO, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
WESTAMPTON, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
WESTAMPTON, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
PENNSVILLE, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
WILLINGBORO, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
BURLINGTON COUNTY JAIL, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
MANSFIELD, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
SUPERIOR COURT, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
MOUNT LAUREL, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
VINELAND, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
NEW JERSEY STATE POLICE, ET AL., DEFENDANTS.
MARRAKUSH SOCIETY, PLAINTIFF,
v.
NEWFIELD, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Jerome B. Simandle United States District Judge

OPINION (APPLIES TO ALL ACTIONS)

TABLE OF CONTENTS

I. Introduction

II. Marrakush Society and Aboriginal Law Firm

A. Marrakush Society

B. Aboriginal Law Firm

1. Main Website

2. MySpace Webpage

3. Twitter Webpage

4. Ning Webpage and YouTube Videos

III. Federal Litigations Initiated by Plaintiffs

A. The List of Known Litigations Initiated by Plaintiffs

B. Substantive and Procedural Aspects of Plaintiffs' Actions

1. Cases Filed in Other Districts

a. Florida Actions

i. Florida Action - I

ii. Florida Action - II

iii. Florida Action - III

iv. Florida Action - IV

v. Florida Action - V

vi. Florida Action - VI

b. Delaware Action

c. New York Action

2. Plaintiffs' Matters Initiated in this District

a. Actions Styled as Habeas Applications

i. Civil Action No. 09-3372

ii. Civil Action No. 09-3371

b. Willingboro Cluster of Actions

i. Civil Action No. 09-2522

ii. Civil Action No. 09-3503

iii. Civil Action No. 09-3392

c. Westampton Cluster of Actions

i. Civil Action No. 09-2521

ii. Civil Action No. 09-3342

iii. Civil Action No. 09-3341

d. Pensville Set of Actions

i. Civil Action No. 09-3342

ii. Civil Action No. 09-3502

e. Mount Laurel Set of Actions

i. Civil Action No. 09-2520

ii. Civil Action No. 09-3507

f. Mansfield Set of Actions

i. Civil Action No. 09-2518

ii. Civil Action No. 09-3505

g. Non-duplicative Pleadings Styled as Civil Rights Allegations

i. Civil Action No. 09-3504

ii. Civil Action No. 09-3506

iii. Bey Line of Cases

IV. Summary of Deficiencies of the Matters Before the Court

V. Guidance with Respect to Civil Actions

A. Proceeding in Forma Pauperis

B. Representation by Legal Counsel

C. Actual Existence of Litigant and Standing to Sue in One's Own Behalf

D. Standing to Bring a Jus Tertii Claim

E. Effect of Rules 18 and 20

F. Duplicative Actions

G. Pleading Requirements

H. Initiation of Criminal Prosecution

VI. Guidance with Respect to Habeas Actions

A. "In Custody" Requirement

B. Exhaustion Requirement

C. Pleading Requirements and Abuse of Writ

D. Prohibition Against Recreational Litigation

VII. Conclusion Jerome B. Simandle, District Judge:

This Opinion addresses concerns raised by commencement of the above-captioned civil and habeas matters. While the immediate legal issues presented by the above-captioned cluster of actions are simple, the concerns associated with the influx of these actions are great and, thus, warrant a detailed discussion of the litigants, their purported counsel and their litigation practices.

I. INTRODUCTION

The above-captioned nineteen actions appear to be a part of the influx of civil cases initiated over the recent months by the same group of litigants in various federal courts. The bulk of the documents submitted in the matters before this Court were signed by two litigants, one of whom refers to himself as "Noble Æmer Shyaam M.K. El" ("M.K."), and another who refers to himself as "Noble Æmer Shyaam K.S. El" ("K.S"),*fn1 although three matters include documents signed by someone who refers to himself as "Universal Supreme Allah Bey" ("Bey").*fn2

M.K., K.S. and Bey executed their instant applications either in their own names or on behalf of the so-called Marrakush Society ("Marrakush Society") and, more often than not, made assertions suggesting that they personally -- and also the Marrakush Society -- have legal representation by an entity designated as the Aboriginal Law Firm ("Aboriginal Law Firm").

II. MARRAKUSH SOCIETY AND ABORIGINAL LAW FIRM

Since, as noted supra, the allegations contained in the pleadings and applications signed by M.K., K.S. and Bey are paraphrased as claims raised by the Marrakush Society, and styled to create an impression that the Aboriginal Law Firm represents the Marrakush Society (and/or M.K. and/or K.S. and/or Bey), the Court begins its discussion by assessing the information released by the Marrakush Society and the Aboriginal Law Firm in the public domain.

A. MARRAKUSH SOCIETY

It is unclear to this Court, from the face of the numerous pleadings currently before the Court, whether the Marrakush Society is an actual juridical entity. However, it is certain that Marrakush Society exists online as a "MySpace" social webpage. See >.*fn3 The heading of the webpage -- a section containing the phrase "Marrakush Society" (garnished with both federal and state trademark symbols) -- offers the visitor the Marrakush Society's logo, which is an a type of pyramid, and invites the visitor to send a message, find a friend and to add a comment. In addition, this section clarifies that the Marrakush Society is located in "Marankokush Principality, Timbuctoo Territory,*fn4 Samal Shariq,*fn5 MA," a non-existing geographic designation. The body of the webpage offers the visitor four tabs. Two tabs, titled "Treaty" and "Contact Us," open to nothing but blank pages. One tab, titled "MKST" (seemingly, abbreviating the term "Marrakush Society"), contains nothing but a larger image of the very same Aztec pyramid logo. Finally, the tab titled "Marrakush Empire" opens to a page containing a paragraph of writing and a picture of an ancient Egyptian symbol of protection, known as "the Eye of Ra" or "the Eye of Horus." See David P. Silverman, Ancient Egypt (1994). The paragraph spells the word "Marrakush" as "Murakush" (i.e., by utilizing the now-archaic Berber phrase meaning "Land of God," which was used in the Medieval Morocco to designate the city of Marrakesh) and copying the history of Morocco from two sources: (a) Wikipedia, see >; and (b) an article by Linda D. Kozaryn, titled "Cohen Renews U.S.-Morocco Ties." See >.

In light of the above-described peculiar mix of references to Malian, Egyptian and Moroccan references, employ of an imaginary geographic designation and quasi-Arabic terms, as well as reproduction of web articles without designation of the source of the information, it is unclear to this Court whether the Marrakush Society is actually a bona fide juridical entity (that is, a corporation, partnership, limited liability company or the like) or simply amaterialization of someone's interest in obtaining an imprimatur of legitimacy through authorship of an Internet social webpage.

B. ABORIGINAL LAW FIRM

1. Main Website

Research discloses that the Aboriginal Law Firm maintains a website and, in addition, three webpages, including video clips released in the Internet. The website is located at >. The front page states the "Aboriginal Law Firm's" name (which is accompanied by the copyright symbol, as well as by state and federal trademark symbols) and begins with a logo composed of: (a) Masonic square and compass; (b) Themis' blind-folded head impaled on the Scales of Justice; and (c) the number "7" locked in a four-pieced circle, which is the symbol utilized by the Moorish Science Temple of America.*fn6 Compare > to > and >. The website designates the Aboriginal Law Firm's address as "Marankokush Principality, Timbuctoo Territory, P.O. Box 2015, New Jersey State Republic, 00046," i.e., the same imaginary "principality" and "territory" as the ones utilized in the address asserted by the Marrakush Society, but -- this time -- placing both the "principality" and the "territory" not in the State of Massachusetts but in the "New Jersey State Republic."
The front page of the website informs the visitor that the Aboriginal Law Firm "offer[s] a wide variety of legal services to our potential clients and clients alike" and promises 10% discount to its "first-time clients." See >. In addition, the front page spells out the legal services provided by the Aboriginal Law Firm, listing:

(a) the tasks that could plausibly be construed as legal work (i.e., "Production of By-Laws," "Entity Dissolutions," "Civil Debt Dissolutions," "Corporate Dissolutions," "Marriage Dissolutions," "Administrative Remedies" and "Power of Attorney");

(b) the tasks that could be construed as an indication that the Aboriginal Law Firm is willing to complete preprinted forms (e.g., to produce "Nationality Declarations," "Charge Backs," "UCC 1 Filings, "UCC Addendums," "UCC 3 Filings" and "Rights To Travel Affidavits");

(c) the tasks that cannot be legitimately performed by any attorney, since these tasks fall within exclusive powers of agencies, religious institutions or bar associations (for instance, "Notices to the Bar," "Baptismal Records," "Birth Records" and "Federal Criminal Complaints"); and

(d) the tasks that make no sense whatsoever, i.e., "Nationality Proclamations," "Records of Aboriginality," "Federal & State Authentication of Security Instruments," "National Bills of Exchange," "International Bills of Exchange," "Certificates of Nativity" and "Oath & Bond Inquiries." See >.

The front page closes with the Aboriginal Law Firm's mission and business statements; the latter indicates that the Law Firm "was founded in 2005" by M.K. and K.C. "to assist the uplifting of fallen humanity." Id.

The "Partners and Clients" page of the website asserts the Aboriginal Law Firm's association with numerous imaginary organizations and a handful of actually existing ones (although the names of the latter are systemically misspelled) and, in addition, provides an alternative address for the Aboriginal Law Firm, i.e., "Quinnitukqut Territory, P.O. Box 1145, Hartford, CT 061430." See >.
Adding to the concerns caused by the above, the "About Us" webpage of the site asserts that the Aboriginal Law Firm's "partners and associates have over 50 years of combined experience in facilitating lawful and legal remedies" and enhances this statement with a copied-from-the-website-of-> reproduction of a painting by an Italian nineteenth century painter, Filippo Barratti, titled "Prisoner" and depicting a narghile-smoking sultan and his sword-decorated visier who are jointly relishing the view of a hand-tied, half-naked kneeling elderly Caucasian prisoner with a long bead and what seems to be a yarmulka.*fn7 See id.

2. MySpace Webpage

The content of the Aboriginal Law Firm's MySpace webpage suggests that the Aboriginal Law Firm is nothing but an attempt by some individual(s) to develop social associations and, perhaps, personal relationships. Specifically, the webpage: (a) asserts that it belongs to an "Attorney's In Fact," see > (the possessive apostrophe and subjective genitive form in original), seemingly in order to differentiate the author of the webpage from the attorneys duly admitted to legal practice and known as "attorneys-at-law"; (b) claims that the author is a 99-year-old male;*fn8 (c) recites the Aboriginal Law Firm's "Timbuctoo Territory" address, this time placing the "Territory" in the mysterious "Samal Shariq"; (d) informs the webpage visitor that the author is "single" and "networking," and born under the Zodiac sign of Virgo; (e) maintains that the Aboriginal Law Firm "is a siblingary [sic.] entity subject to the InterContinental Aboriginal Union";*fn9 and (f) completes with a thread of written and video comments, ranging in their content from neutral statements and parables to calls for coordinated gang violence against the United States government and government officials. See >.

3. Twitter Webpage

The Aboriginal Law Firm's webpage on the Twitter network, see >, contains only three postings, all made with a-posting-a-minute frequency, that read: (a) "Suing CBS Broadcasting, Inc. and Ted Scouten"; (b) "Suing the Washington Post Company and Roger Loshe for the Marrakush Society"; and (c) "Suing the City of Hollywood, Inc., Hollywood Police Department, Richard Losenbeck, Marc Tortorici and Manny." These postings suggest that the authors sees the filing of litigation as a social event.

4. Ning Webpage and YouTube Videos

Finally, the Aboriginal Law Firm also authors a webpage on another social network, known as "Ning." See >. This page: (a) provides an alleged photograph of M.K., depicting a clean-shaved young African-American man wearing a formal tie and suit, and sunglasses;*fn10 and (d) enables links to two videos titled "Aboriginal Law Firm Presents 'The Noone Project' [Part I]" and "Aboriginal Law Firm Presents 'The Noone Project' [Part II]." See id. The same videos are also available on the "YouTube" website. See > and >.

The first video is slightly under ten minutes long, while the second lasts a bit over seven minutes. See id. Although the content of the videos (partly advertizing the Aboriginal Law Firm and partly stating the speaker's views on the United Nations' declarations, the value of city-state model of government, etc.) is of no relevance to the issues addressed in this Opinion,*fn11 the presentation style employed by the speaker, a clean-shaved young African-American man (who is introduced as "Brother Shyamm," greatly resembling the image on M.K.'s alleged photo), appears pertinent: wearing a formal button-down collar dress shirt and sitting in front of a laptop, the speaker featured in the videos utilizes plain and clear English to convey his multiple points, without ever resorting to any imaginary terms, Arabic or quasi-Arabic words, euphemisms, riddles or the like. See id. Moreover, discussing a certain United Nations' North-African project, the speaker neither makes references to"Marrakush" history nor utilizes Hijri calendar or a concoction of Earth coordinates and fictitious geographic terms to convey his points about the geography and time frame of the project.*fn12

III. FEDERAL LITIGATIONS INITIATED BY PLAINTIFFS

A. THE LIST OF KNOWN LITIGATIONS INITIATED BY PLAINTIFFS

Thus far, the Court was able to locate the following twenty-seven actions initiated by M.K. and/or K.S. and/or Bey and/or the Marrakush Society and/or Aboriginal Law Firm (collectively, "Plaintiffs"); nineteen actions from the batch are currently before this Court.*fn13

1. Aboriginal Law Firm v. Bock (Florida Action - I"), 09-80067 (DTKH) (S.D. Fla.), initiated on January 20, 2009, and terminated on April 17, 2009.

2. El v. State of Delaware ("Delaware Action"), 09-00144 (SLR) (D. Del.), initiated on March 5, 2009, and terminated on March 19, 2009;

3. Marrakush Society v. New Jersey State Police, 09-2518 (JBS) (D.N.J.), initiated on May 22, 2009;

4. Marrakush Society v. Township of Pennsville, 09-2519 (JBS) (D.N.J.), initiated on May 22, 2009;

5. Marrakush Society v. Township of Mount Laurel, 09-2520 (JBS) (D.N.J.), initiated on May 22, 2009;

6. Marrakush Society v. Township of Westampton, 09-2521 (JBS) (D.N.J.), initiated on May 22, 2009;

7. Marrakush Society v. Township of Willingboro, 09-2522 (JBS) (D.N.J.), initiated on May 22, 2009;

8. Marrakush Society v. City of Hollywood, Inc. ("Florida Action - II "), 09-60828 (ASG) (S.D. Fla.), initiated on June 3, 2009, and terminated on July 7, 2009;

9. Marrakush Society v. Broward Sheriff's Office ("Florida Action - III "), 09-60829 (ASG) (S.D. Fla.), initiated on June 3, ...


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