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Bussie v. Boehner

United States District Court, E.D. New York

May 23, 2014

ANTHONY BUSSIE, #64105050, Plaintiff,
v.
JOHN BOEHNER, ROBERT E. ANDREWS, CHRIS CHRISTIE, PAUL FISHMAN and UNKNOWN ATTORNEY GENERAL OF NEW JERSEY, Defendants

Anthony Bussie, Plaintiff, Pro se, Philadelphia, PA.

OPINION

MEMORANDUM & ORDER

MARGO K. BRODIE, United States District Judge.

Plaintiff Anthony Bussie,[1] a pretrial detainee at the Philadelphia Federal Detention

Page 245

Center, filed this action, proceeding pro se, pursuant to 42 U.S.C. § 1983 against Senator John Boehner, Congressman Robert Andrews, Governor Chris Christie of New Jersey, United States Attorney Paul Fishman and an " unknown" Attorney General in New Jersey.[2] For the reasons set forth below, Plaintiff's request to proceed in forma pauperis is denied and he is ordered to pay the $400 filing fee within fourteen (14) days of this order in order to proceed with this action. Failure to do so will result in dismissal of this Complaint.

I. Background

Plaintiff is being held in federal custody on allegations that he threatened to harm a member of the United States Congress. See United States v. Bussie, No. 12-CR-229 (D.N.J. 2012). Court records reflect that Plaintiff's trial has been continued indefinitely for reasons related to concerns over his psychiatric health. The Complaint in this action is on a form for filing civil rights complaints pursuant to 42 U.S.C. § 1983 and alleges various violations, including obstruction of justice, " intimidation," " unconstitutional" fines, " unkind" license suspension and " unjust" child support payments. Plaintiff claims several injuries as a result of these alleged violations, including trauma and emotional illness and " minor head injuries." Plaintiff seeks release from state prison in addition to monetary and other equitable relief.

II. Discussion

a. Standard of Review

A complaint must plead " enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). " 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, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Although all allegations contained in the complaint are assumed to be true, this tenet is " inapplicable to legal conclusions." Id. In reviewing a pro se complaint, the court must be mindful that the plaintiff's pleadings should be held to " less stringent standards than formal pleadings drafted by lawyers." Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (internal quotation marks omitted); Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (same). Nevertheless, the court must screen " a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity" and, " dismiss the complaint or any portion of the complaint," if it is frivolous, malicious, or fails

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to state a claim upon which relief may be granted. 28 U.S.C. 1915A; see Abbas v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007). Similarly, the court is required to dismiss sua sponte an in forma pauperis action, if the court determines that it is (i) frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a ...


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