MotJuste Tirade Juste of Vim Andre Juste v. Brennan
| Decision Date | 21 April 2014 |
| Docket Number | Civil Action No. 3:13–CV–182. |
| Citation | 16 F.Supp.3d 716 |
| Court | U.S. District Court — Northern District of West Virginia |
| Parties | MOTJUSTE TIRADE OF VIM ANDRE JUSTE, Andre Juste, and Aimee Amaraih Andre Juste, Plaintiffs, v. Lindsay Annmarie BRENNAN, a/k/a Lindsay Annmarie Phillips, Wal–Mart Corporate, Inc., and Stefanie Faith Brennan, Defendants. |
MotJuste Tirade of Vim Andre Juste, Martinsburg, WV, pro se.
Andre Juste, Martinsburg, WV, pro se.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Seibert for submission of a proposed report and a recommendation (“R & R”). Magistrate Judge Seibert filed his R & R on February 25, 2014 [Doc. 6]. In that filing, the magistrate judge recommends that this Court dismiss the complaint with prejudice and deny as moot the Plaintiffs' Application for Leave to Proceed Without Prepayment of Fees [Doc. 2].
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and the petitioner's right to appeal this Court's Order. 28 U.S.C. § 636(b)(1) ; Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.1989) ; United States v. Schronce, 727 F.2d 91, 94 (4th Cir.1984).
Objections to Magistrate Judge Seibert's R & R were due within fourteen (14) days of being served with a copy of the same, pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Plaintiff Andre Juste accepted service of the R & R on March 24, 2014 [Doc. 7]. The copy of the R & R sent to Plaintiff Motjuste Tirade of Vim Andre Juste via certified mail, return receipt requested was returned to the clerk's office on April 7, 2014 marked “unclaimed” and “unable to forward” [Doc. 9].1 None of the Plaintiffs have filed objections to the R & R. Accordingly, this Court will review the report and recommendation for clear error.
Upon careful review of the report and recommendation, it is the opinion of this Court that the magistrate judge's Report and Recommendation should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, the Court hereby DISMISSES the complaint WITH PREJUDICE and DENIES AS MOOT the Application to Proceed Without Prepayment of Fees. Accordingly, this matter is hereby ORDERED STRICKEN from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record and to any pro se parties.
This matter is currently before the Court on Plaintiff's Motion for Leave to Proceed In Forma Pauperis [ECF No. 2]. On December 27, 2013, Plaintiff Andre Juste filed a pro se Complaint on behalf of himself, MotJuste Tirade of Vim Andre Juste, an organization owned by Andre Juste, and Aimiee Amariah Andre Juste (hereinafter “the Child”), a minor under the age of twelve (12), whom Andre Juste refers to as his daughter.1 (Complaint, ECF No. 1 at 1). Plaintiff alleges that Defendant Lindsay Annmarie Phillips, the Child's aunt, and Defendant Stefanie Faith Brennan, the Child's mother, conspired to abduct, kidnap and wrongfully remove the Child to Defendant Phillips' new home in Brevard County, Florida in violation of Plaintiff's parental rights.2 (Id. at 3, 5).
Plaintiff cites several statutes throughout the Complaint when arguing his rights have been violated. (See id. at 1–18). Plaintiff seeks to bring criminal charges against Defendants under West Virginia, Florida and federal laws related to the alleged kidnapping and removal of the Child to Florida. (Id. ). Under federal law, Plaintiff claims the Defendants violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”), his civil rights under 42 U.S.C. §§ 1985 and 1986 and the Parental Kidnapping and Prevention Act (“PKPA”). (Id. at 2). Plaintiff asks for a jury trial, seeks compensatory and punitive damages, requests the return of the Child to West Virginia and ultimately seeks to be granted legal custody of the Child. (Id. at 10).
When filing a lawsuit in federal court, the plaintiff is required to pay certain filing fees. The Court has the authority to allow a case to proceed without the prepayment of fees “by a person who affirms by affidavit that he or she is unable to pay costs.” L.R. Gen. P. 3.01; see also 28 U.S.C. § 1915(a)(1). The plaintiff files this affidavit along with their request or Motion for Leave to Proceed In Forma Pauperis. See Fed.R.Civ.P. 24. The Supreme Court has explained that the purpose of the “federal in forma pauperis statute ... is designed to ensure that indigent litigants have meaningful access to the federal courts.” Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 1831, 104 L.Ed.2d 338 (1989).
When a plaintiff seeks to proceed in forma pauperis, the court conducts a preliminary review of the lawsuit before allowing the case to proceed. See 28 U.S.C. § 1915(e). The court must dismiss a case at any time if the court determines that the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B). A case is often dismissed sua sponte (i.e., based on the court's own decision) before the defendant is notified of the case “so as to spare prospective defendants the inconvenience and expense of answering such complaints.” Neitzke, 490 U.S. at 324, 109 S.Ct. 1827. When reviewing a case filed by a plaintiff proceeding pro se, the Court liberally construes the complaint. See Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir.1985).
As stated above, under the federal in forma pauperis statute, a case may be dismissed if the court finds the complaint to be frivolous. 28 U.S.C. § 1915(e). A complaint is frivolous if it is without arguable merit either in law or fact. Neitzke, 490 U.S. at 325, 109 S.Ct. 1827. A complaint filed in forma pauperis which fails to state a claim under Fed.R.Civ.P. 12(b)(6) is not automatically frivolous. See id. at 328, 109 S.Ct. 1827. Frivolity dismissals should only be ordered when the legal theories are “indisputably meritless,” or where the claims rely on factual allegations which are “clearly baseless.” Id. at 327, 109 S.Ct. 1827 ; see also Denton v. Hernandez, 504 U.S. 25, 32, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992). This includes claims in which the plaintiff has little or no chance of success. See Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).
The federal in forma pauperis statute also allows for a court to sua sponte dismiss a complaint that “fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B). The Federal Rules of Civil Procedure “require[ ] only ‘a short and plain statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the defendant fair notice of what the ... claim is and the grounds upon which it rests.’ ” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) ). However, although a complaint need not assert “detailed factual allegations,” it must contain “more than labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (citations omitted). To survive dismissal for failure to state a claim, the complaint must raise a right to relief that is more than speculative. Id. In other words, the complaint must contain allegations that are “plausible” on their face, rather than merely “conceivable.” Id. at 555, 570, 127 S.Ct. 1955. A “claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). In other words, dismissal for failure to state a claim is properly granted where, assuming the facts alleged in the complaint to be true, and construing the allegations in the light most favorable to the plaintiff, it is clear as a matter of law that no relief could be granted under any set of facts that could be proved consistent with the allegations of the complaint. Conley, 355 U.S. at 45–46, 78 S.Ct. 99 (1957).
The undersigned respectfully recommends that Plaintiff's Complaint [ECF No. 1 ] be DISMISSED WITH PREJUDICE and the Plaintiff's Motion for Leave to Proceed In Forma Pauperis [ECF No. 2 ] be DENIED as moot. After a careful review of the Complaint and attached exhibits, the Court finds that the majority of the claims raised by Plaintiff lack subject matter jurisdiction and the remaining federal claims should be dismissed for failure to state a claim for which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B).
The Child at the center of this case is the daughter of Defendant Stefanie Brennan. (Complaint, ECF No. 1 at 5). Plaintiff, Andre Juste, is not the biological father of the Child. (Complaint Ex. C, ECF No. 1–3 at 2). Plaintiff claims he met the mother, Defendant Brennan, when she was four months pregnant with the Child. (Id. ...
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Motjuste Tirade Juste v. Brennan
...16 F.Supp.3d 716MOTJUSTE TIRADE OF VIM ANDRE JUSTE, Andre Juste, and Aimee Amaraih Andre Juste, Plaintiffs,v.Lindsay Annmarie BRENNAN, a/k/a Lindsay Annmarie Phillips, Wal–Mart Corporate, Inc., and Stefanie Faith Brennan, Defendants.Civil Action No. 3:13–CV–182.United States District Court,......