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Estate ex rel Casimir v. State

August 31, 2009

ESTATE OF BRANDON CASIMIR EX REL; ESTATE OF CORNELL HALL/DIXON EX REL; EMER SHYAAM M.K. EL; EMER KERNEL C. EL, PLAINTIFFS,
v.
STATE OF NEW JERSEY, DEFENDANT.



The opinion of the court was delivered by: Simandle, District Judge

OPINION

This matter comes before the Court upon Plaintiffs' joint submission of notice ("Notice"), Docket Entry No. 1, seeking removal of a certain state criminal proceeding to this District. For the reasons expressed below, filing of the Notice will be denied and the matter will be remanded back to the Superior Court of New Jersey, Law Division, Burlington County.

I. BACKGROUND

A. Plaintiffs' Previous Litigations

On July 30, 2009, this Court issued an order ("July Order") and accompanying opinion ("July Opinion") ruling on the nineteen litigations, collectively referred to as the "Marrakush Cases," that were initiated by Brandon Casimir ("Casimir") and his acquaintances in this District during the eight weeks spanning from May 22 to July 20, 2009. See Marrakush Soc'y v. N.J. State Police ("Marrakush Cases"), 2009 U.S. Dist. LEXIS 68057, at *50- 134 (D.N.J. July 30, 2009) (discussing Plaintiffs' submissions made in Civil Actions Nos. 09-2518 (JBS), 09-2519 (JBS), 09-2520 (JBS), 09-2521 (JBS), 09-2522 (JBS), 09-3371 (JBS), 09-3372 (JBS), 09-3392 (JBS), 09-3441 (JBS), 09-3442 (JBS), 09-3502 (JBS), 09-3503 (JBS), 09-3504 (JBS), 09-3505 (JBS), 09-3506 (JBS), 09-3507 (JBS), 09-3589 (JBS), 09-3590 (JBS) and 09-3591 (JBS)). In its July Opinion, this Court also took judicial notice of six -- by then, already terminated -- litigations initiated by Casimir and/or his acquaintances in the United States District Courts for the Southern District of Florida, see Marrakush Cases, 2009 U.S. Dist. LEXIS 68057, at *26-45, as well as of the litigations commenced by Plaintiffs in the United States District Court for the District of Delaware, El v. State of Delaware, 09-00144 (SLR) (D. Del.) ("Delaware I Action," where the Plaintiffs sought removal of a state criminal proceeding to the District of Delaware), and in the United States District Court for the Eastern District of New York ("New York Action").*fn1 See id. at 45-50.

The exhaustive discussion of Plaintiffs' litigation practices provided in the July Opinion need not be replicated here. Plaintiffs are referred to the original ruling entered in the Marrakush Cases. For the purposes of the matter at hand, it shall suffice to point out that the July Opinion extensively explained to Plaintiffs that: (a) a juridical entity cannot appear in a legal matter either pro se or as an in forma pauperis litigant; (b) a natural person seeking to litigate an action in forma pauperis must submit a statutorily required affidavit of poverty and, if the litigant is incarcerated, the litigant's six-month prison account statement; (c) a litigant, either juridical or natural, must actually exist in order to have standing to sue; (d) there are strict requirements associated with one's right to brings claims jus tertii; (e) a litigant commencing a proceeding in this District must, in accordance with the Local Civil Rules, indicate both the litigant's legal name and his/her street and post office address (or, if the litigant is not a natural person, the address of its principal place of business); and (f) Plaintiffs' deliberate ignorance of prior legal guidance provided to Plaintiffs by the federal judiciary constitutes an abusive or sham litigation practice.*fn2 See Marrakush Cases, 2009 U.S. Dist. LEXIS 68057, at *34-36, 88-104, 131-34.

B. Plaintiffs' Instant Submission

Plaintiffs' submission at hand consists of three documents:

(a) a civil cover sheet, executed by Casimir under his alias "M.K. El,"see Marrakush Cases, 2009 U.S. Dist. LEXIS 68057, at *3-5 and nn. 1-2 (describing Plaintiffs' alias practices), and listing the "estate" of Casimir as a co-Plaintiff*fn3 ;

(b) an application to proceed in this matter in forma pauperis executed by Cornell Hall ("Hall"), asserting that Hall is also known as Cornell Dixon, that he operates under his alias "K.C. El," and that Hall is an "expatriate decedent" having no income and no expenses. The application, however, alleged that the State of New Jersey and townships of Mount Laurel and Willingboro jointly owe Hall $60 million; and

(c) the Notice itself, executed by Casimir and Hall under extended versions of their aliases, i.e., their aliases preceded by the phrase "Divine Minister Plenipotentiary Noble Æmer" and followed by the phrase "All Rights Reserved." See Docket Entries Nos. 1-3. The Notice seeks removal of a criminal proceeding currently pending before the Superior Court of New Jersey, Law Division, Burlington Count. The Notice asserts that the proceeding ensued from a criminal indictment No. 08-04-441-I, which -- according to the Notice -- arose from Plaintiffs' alleged possession of "fraudulent United States Department of State Public Minister Credentials." See Docket Entry No.1, at 2. Much like Casimir's civil cover sheet and Hall's in forma pauperis application, the Notice names, as Plaintiffs: (a) both Casimir and Hall, although utilizing their aliases rather than their legal names; and (b) the "estates" of Casimir and Hall, for the purposes of which both Casimir and Hall are referred to as "expatriate decedents."*fn4 See id. at 1.

As jurisdictional grounds for removal, Plaintiffs assert Sections 1332, 1441 and 1446 of Title 28. See id. at 2. In addition, Plaintiffs maintain that the substantive basis for removal is the state court's lack of jurisdiction to conduct Casimir and Hall's criminal proceedings, which they deduce from their alleged "expatriation" and their self-assumed "diplomatic" status. See id. at 2-5.

Notably, Plaintiffs' submission does not include any document providing the legal name of any Plaintiff or this Plaintiff's street/post office address. Consequently, the submission at hand fails to comply with the Local Civil Rules. Moreover, the Clerk is without ability to serve Plaintiffs ...


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