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Mohammad v. VA Rooming House

February 15, 2008

ABDULLAH ABDULLA MOHAMMAD AKA ROBERTO S. EAVES, PLAINTIFF,
v.
VA ROOMING HOUSE, U.S. DEPARTMENT OF VETERANS AFFAIRS, FEDERAL BUREAU OF INVESTIGATION, AND NEW YORK CITY TRANSIT AUTHORITY, DEFENDANTS.



The opinion of the court was delivered by: John Gleeson, United States District Judge

MEMORANDUM AND ORDER

On August 6, 2007, plaintiff Roberto S. Eaves, who is also known as Abdullah Abdulla Mohammad, commenced this pro se action alleging various torts by employees of the U.S. Department of Veterans Affairs ("VA"); agents of the Federal Bureau of Investigation ("FBI"); and employment discrimination by employees of the New York City Transit Authority ("NYCTA"). The defendants move to dismiss or, in the alternative, for summary judgment. For the reasons stated below, the motions are granted.

BACKGROUND

Eaves submitted a handwritten complaint on August 6, 2007. The complaint was extremely difficult to decipher, and in an order dated September 13, 2007, I directed him to submit a legible amended complaint. On September 18, 2007, Eaves filed with this Court a handwritten amended complaint, which was not significantly easier to decipher. I directed Eaves to appear before me on October 26, 2007, at which time he made several allegations.

In his appearance, Eaves alleged that approximately two years ago, a female doctor at a VA hospital on 23rd Street and First Avenue committed medical malpractice by forcing him to take potassium pills that gave him hypertension.

Eaves also alleged that in 2005, while he was at a VA rooming house at 832 Knickerbocker Avenue in Brooklyn, several FBI agents removed him from his room, handcuffed him, and placed him in Woodhull Hospital and then in Staten Island hospital against his will, falsely alleging that he had 5 kilograms of crack cocaine and a machine gun. He claims he was not taken to court regarding this incident.

Eaves claimed that approximately three years ago he applied for a motorman position in the NYCTA, and when he took the test the proctor took his exam sheet (of approximately 150 questions) and used a grading grid to quickly determine Eaves's score. The proctor told Eaves that he had gotten 98% correct on the motorman's examination. However, Eaves later received a score of 40% in the mail from the NYCTA. He believes that the NYCTA discriminatorily reduced his score based on his Islamic alias.

He also alleged that approximately 4 years ago, a social worker named Anthony at a VA facility in Lyons, New Jersey gave Verizon $4000 from Eaves's patient account, ostensibly to pay a $235 phone bill that Eaves had already paid. Eaves believes that Anthony did this in order to embezzle the funds from his patient account.

Eaves also claimed that approximately six years ago, a social worker named Daniel Guerton at a VA facility in Montrose, New York embezzled $3500 from Eaves's patient account and absconded by getting transferred to Vermont. Eaves claims he complained about this and the VA covered up Guerton's embezzlement.

Eaves further complained that he mailed the Secretary of Defense a blueprint of a military vehicle that would help protect United States soldiers, and that the Secretary of Defense did not use his blueprint.

Eaves claimed that he has not filed any lawsuits in his life before. A search of the Eastern District of New York's electronic case filing system revealed several cases which may have involved Eaves. See Reaves v. Suerton, No. 04-CV-3963 (DLI)(KAM) (E.D.N.Y. Feb. 7, 2005); Eaves v. Marine, No. 04-CV-4545 (ARR)(LB) (E.D.N.Y. Jan. 11, 2005); United States v. Eaves, No. 97-MJ-1808 (RLM) (E.D.N.Y. March 5, 1998).

Construing his complaint liberally, as I was obliged to do, McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004), by order dated November 7, 2007, I granted him leave to proceed in forma pauperis and deemed his handwritten complaint amended to include the claims he made orally at his October 26, 2007 appearance. The defendants have moved to dismiss or, in the alternative, for summary judgment.

DISCUSSION

A. Legal ...


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