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Cowan v. Bush

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


March 25, 2007

LINDA COWAN, PLAINTIFF,
v.
PRESIDENT GEORGE W. BUSH, UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: William M. Skretny United States District Judge

DECISION and ORDER

INTRODUCTION

Plaintiff Linda Cowan has filed this pro se action against the President of the United States purportedly under the "No Fear Act" of 2002*fn1 alleging that the undersigned "illegally dumped [dismissed]" her prior employment discrimination case against her former employer, the Internal Revenue Service (00-CV-0315S) and that the President should be made aware of this and held accountable. Plaintiff has requested permission to proceed in forma pauperis (Docket No. 2) and moved for my recusal (Docket No. 3). For the reasons discussed below, plaintiff's request to proceed as a poor person is granted, the motion to recuse is denied and the complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B).

Because plaintiff has met the statutory requirements of 28 U.S.C. § 1915(a), plaintiff is granted permission to proceed in forma pauperis. Section 1915(e)(2)(B) of 28 U.S.C. provides that the Court shall dismiss a case in which in forma pauperis status has been granted if, at any time, the Court determines that the action (i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.

DISCUSSION

Initially, the Court notes that a President of the United States is absolutely immune from civil suits based on his official acts. See Nixon v. Fitzgerald, 457 U.S. 731, 102 S.Ct. 2690, 73 L.Ed.2d 349 (1982) (recognizing "absolute Presidential immunity from damages liability for acts within the 'outer perimeter' of his official responsibility"); see also Clinton v. Jones, 520 U.S. 681, 694, 117 S.Ct. 1636, 137 L.Ed.2d 945 (1997). Accordingly, whatever the true nature of plaintiff's allegations against the President of the United States is, the complaint must be dismissed.

Additionally, the instant complaint is truly nothing more than a litigant's attempt to express her displeasure about the Court's dismissal of an earlier lawsuit and to have it reviewed anew or reconsidered.*fn2 Plaintiff's complaint is simply frivolous and without merit, and must be dismissed.

Lastly, plaintiff's motion to recuse the undersigned for what she complains was my illegal action in dismissing her prior lawsuit is baseless and must be denied. See 28 U.S.C. § 455.

CONCLUSION

Plaintiff has met the statutory requirements of 28 U.S.C. § 1915(a). Accordingly, plaintiff's request to proceed in forma pauperis is granted and, for the reasons discussed above, the complaint is dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (iii).

The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438, 82 S.Ct. 917, 8 L.Ed.2d 21 (1962). Further requests to proceed on appeal as a poor person should be directed, on motion, to the United States Court of Appeals for the Second Circuit, in accordance with Rule 24 of the Federal Rules of Appellate Procedure.

ORDER

IT HEREBY IS ORDERED, that plaintiff's request to proceed in forma pauperis is granted;

FURTHER, that the complaint is dismissed with prejudice;

FURTHER, that plaintiff's motion to recuse the undersigned is denied; and FURTHER, that leave to appeal to the Court of Appeals as a poor person is denied. SO ORDERED.

Dated: March 25, 2007 Buffalo, New York


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