United States District Court, D. New Jersey
June 24, 2014
JASON L. AMIN-BEY THE HOLY SEE OF AHEZAA MOORISH SCIENCE CONSUL FOR SUPREME PHAROAH DR. ADMIRAL A.L.S.A. EL-BEY a/k/a SULTAN DR. ADMIRAL ALA' AD-DIN AL' AHEZAA EL-BEY, Plaintiff,
UNITED STATES, et al., Defendants.
MEMORANDUM OPINION AND ORDER
STANLEY R. CHESLER, District Judge.
Plaintiff is a pre-trial detainee confined at the Federal Medical Center at Devens ("FMC Devens"), Massachusetts. During his pre-trial detention, Plaintiff commenced numerous civil actions, trial and appellate, invariably filing incomplete in forma pauperis ("IFP") applications and challenging the fact of his confinement and his criminal charges.
On May 29, 2014, this Court issued a detailed opinion and accompanying order denying Plaintiff's IFP applications without prejudice and administratively terminating his actions, including the instant matter, subject to reopening in the event he timely files: (a) his complete IFP application; and (b) his amended pleading seeking non-habeas relief and raising coherent and cognizable challenges, free of his personal views about citizenship, theological issues or other philosophical matters. See ECF Nos. 14 and 15. In response, Plaintiff submitted an incoherent document titled "Apostolic Notice of Apostle of Direct Appeal to Moor the Appellate Jurisdiction of the Honorable Supreme Court of the United States Pursuant to the Relevant Rules of Said Court of Law." ECF No. 16. The document contains Plaintiff's views about his alleged Moorish citizenship and his philosophical disagreements with the current state of the law. See id. Plaintiff did not submit his in forma pauperis application. See id. Plaintiff's submissions violate this Court's prior Order. However, mindful of the possibility that Plaintiff might be affected by a mental impairment, this Court finds sanctioning Plaintiff inappropriate. See Hoffenberg v. Bumb , 446 F.Appx. 394, 400, n.4 (3d Cir. N.J. 2011) (sanctions are inappropriate if the "record before this Court as to [the litigant's] mental health offers an explanation for his actions in this proceeding, or in [his] other proceedings"). Rather, this Court will direct the Clerk to stay this matter "until such time as the issue of restoring [Plaintiff's] competency is resolved in the related criminal action, " in order to preserve Plaintiff's opportunity to submit a complete IFP application and a coherent pleading. Accord Bussie v. Evans, Civil No. 13-4316 (RMB) (D.N.J.), ECF No. 5, at 3 (same, as to a pre-trial detainee who commenced numerous civil matters while being affected by an analogous mental impairment and treated for the purposes of standing trial).
IT IS on 24 day of June, 2014,
ORDERED that the Clerk shall reopen this matter by making a new and separate entry reading, "CIVIL CASE REOPENED"; and it is further
ORDERED that Plaintiff's submission docketed as ECF No. 16 is deemed stricken from the docket; and it is further
ORDERED that this matter is stayed until such time as the issue of restoring Plaintiff's competency is resolved in the related criminal action; and it is further
ORDERED that the Clerk shall administratively terminate this matter by making a new and separate entry on the docket reading, "CIVIL CASE TERMINATED. DOCKET ENTRY No. 16 IS STRICKEN FROM THE DOCKET. PLAINTIFF'S CIVIL PROCEEDING IS STAYED"; and it is further
ORDERED that Plaintiff's time to submit his filing fee or complete in forma pauperis application is extended for ninety days from the date of entry of a judicial finding that Plaintiff is competent to stand trial in his underlying criminal proceeding; and it is finally
ORDERED that the Clerk shall serve this Memorandum Opinion and Order upon Plaintiff by regular U.S. mail.