Summary
The United States District Court for the Eastern District of Missouri, Northern Division, grants JaVaughn Kenneth Lee Garth’s application to proceed without prepaying fees and assesses an initial partial filing fee of $42.67. The court dismisses the complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B), concluding that the allegations concerning an alleged lien associated with the plaintiff’s Social Security number and alleged stem cell research are frivolous and fail to state a claim. The action was brought under 42 U.S.C. § 1983 against Missouri Governor Mike Kehoe.
Topics
Practice areas
Questions Presented
- Whether Plaintiff's complaint and supplemental allegations were frivolous or failed to state a claim under 28 U.S.C. § 1915(e)(2)(B).
- Whether Plaintiff was entitled to proceed without prepaying fees and, if so, what initial partial filing fee was required under 28 U.S.C. § 1915(b).
Holdings
- The complaint was frivolous because its factual allegations concerning an alleged lien on Plaintiff's body and alleged stem-cell research by the Missouri Department of Corrections were clearly baseless, and its legal theories were indisputably meritless.
- Plaintiff's application to proceed without prepaying fees or costs was granted, and an initial partial filing fee of $42.67 was assessed.
Key quotations
“Thus, the Court finds that Plaintiff’s complaint is frivolous and fails to state viable legal claims.” (5)
“IT IS FURTHER ORDERED that this action is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted.” (5)
Factual background
Plaintiff alleged that a nonconsensual lien had been placed upon him or his Social Security number and sought to have the lien declared void and expunged. He also alleged that the Missouri Department of Corrections was using his body for stem-cell research without his consent and sought release from confinement. His supplemental filing invoked Missouri counterfeit-property and forfeiture statutes.
Procedural history
Plaintiff submitted a complaint, a supplemental filing, and a certified prison account statement. On initial review, the court concluded that the allegations concerning a purported lien and unauthorized stem-cell research were frivolous and failed to state a viable claim. The action was dismissed without prejudice, and an order of dismissal was to accompany the opinion.