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McNair v. Eastern District Nc Federal Officials

United States District Court, E.D. North Carolina, Western Division

May 7, 2014

ANTHONY McNAIR, Plaintiff,
v.
EASTERN DISTRICT N.C. FEDERAL OFFICIALS and N.C. GENERAL ASSEMBLY STATE OFFICIALS, Defendant.

ORDER and MEMORANDUM AND RECOMMENDATION

JAMES E. GATES, Magistrate Judge.

This pro se case is before the court on the motion to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1) (D.E. 1) by plaintiff Anthony McNair ("plaintiff") and for a frivolity review pursuant to 28 U.S.C. § 1915(e)(2)(B). These matters were referred to the undersigned Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), respectively. In addition to conducting a frivolity review, the court must evaluate the effect of a pre-filing injunction previously entered against plaintiff ("Pre-filing Injunction"). For the reasons set forth below, the court finds that this case should be dismissed in its entirety.

I. BACKGROUND

A. Plaintiff's Complaint

Plaintiff's complaint (D.E. 1-1) consists of a four-page complaint form completed, sparsely, in handwriting. In the complaint, plaintiff names as defendants "Eastern District N.C. Federal Official[]s" and " N.C. General Ass[e]m[]bly State Officials." (Compl. 1). He describes the acts of which he complains as follows:

Plaintiff is suing the defendant's for immunity cause the defendant's practice and exercise the crucifixion of Jesus Christ upon the plaintiff to hinderd, deny and condemn plaintiff 14th Amendment rights pursuant to 42 U.S.C. § 1985(2), wherefore Fed. Civil. R. P. 8, does not allow plaintiff to give short and painful statements and therefore, pursuant to Fed. Civ. R. P. 4(c) & (3) and 12(a)(1) & (A), plaintiff request the court to serve the summons and complaint upon the defendant's to answer. See attached case 5:11-CV-00122-FL and notes below and 4:13-CV-00155-F [orders] in support of plaintiff's complaint.

( Id. at 2) (spelling and brackets original). He seeks "immunity and Liberty of Rights" as relief. ( Id. at 3). Attached to his complaint is a copy of the Pre-filing Injunction. ( Id. at 5-10).

Plaintiff also filed with his complaint an affidavit (D.E. 1-2). In it, he states:

The Eastern District of N.C. Federal Official's and N.C. General Assmebly State Official's target and single McNair out like Jesus Christ, using and awarding citizens of N.C. interfering in Plaintiff McNair civil proceedings to crucify and condemn McNair human rights under the 14th amendment to a earthly life live like Jesus Christ. See Apostle Anthony L. McNair v. Tarboro District Attorney's Office and Rocky Mount Police Department case 5:11-cv-122-FL Attached and McNair v. N.C. General Assembly case 4:13-cv-00155-F, M&R and order.

(McNair Aff. ¶ 3) (spelling original). For purposes of its analysis, the court will treat the affidavit as part of the complaint.

B. Pre-Filing Injunction

In McNair v. Tarboro Dist. Atty's Office, No. 5:11-CV-122-FL, 2011 WL 1743478 (E.D. N.C. 2 May 2011), this court entered the Pre-filing Injunction against plaintiff. It was intended to address plaintiff's consistent pattern of filing frivolous lawsuits involving "allegations that judges, prosecutors, defense attorneys, and police officers deprived him of his constitutional rights with respect to various prosecutions in state court." Id. at *3.

The Pre-filing Injunction enjoins plaintiff from filing: (1) "any suit seeking monetary damages for constitutional violations with respect to state court convictions that have not been invalidated as required by Heck v. Humphrey, 512 U.S. 477 (1994)"; or (2) "any suit involving a constitutional challenge to ongoing or recently terminated state court criminal proceedings where the challenge could instead have been brought within those proceedings." Id. at *5. The Pre-filing Injunction also requires plaintiff to attach a copy of it to any complaint that he files regardless of the ...


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