United States District Court, E.D. Louisiana
REPORT AND RECOMMENDATION
the Application to Proceed In Forma Pauperis [Doc.
#3], IT IS ORDERED that:
motion is GRANTED; the party is entitled to proceed in forma
motion is MOOT; the party was previously granted pauper
motion is DENIED; the party has sufficient funds to pay the
motion is DENIED; the party is not entitled to proceed in
forma pauperis for the listed reasons:
Clerk of Court is directed to withhold summons.
se plaintiff Rahsaan Brandon Darden filed the
above-captioned matter in this Court. While the complaint is
far from clear or lucid, it appears that Darden seeks to
remove a civil action to this Court from the Jefferson County
Courthouse located in Birmingham, Alabama. While the notice
of removal - as it is entitled - is entirely deficient given
that Darden has failed to include any state court records
with the notice or his response to the clerk's office,
see 28 U.S.C. § 1447(b); E.D, La. Loc. R. 3.2,
marking Darden's notice as deficient and allowing him to
attempt to cure it would be an exercise in futility. Darden
is a frequent filer in federal court - as demonstrated by the
plethora of cases listed on the national Pacer website - and
allowing him to continue here would be an ineffectual use of
this Court's limited resources.
U.S.C. § 1915(e)(2)(B) provides for summary dismissal
sua sponte, should the Court determine that a case
is frivolous. Section 1915(e)(2)(B) provides in pertinent
part as follows:
(2) Notwithstanding any filing fee, or any portion thereof,
that may have been paid, the court shall
dismiss the case at any time if ...