GEORGE Z. SINGAL, District Judge.
Before the Court are Defendant Jonathan Fishman's Motion to Dismiss and Motion to Limit Further Filings (ECF No. 4) and Defendant Amazon.com's Motion to Dismiss (ECF No. 10). The Court GRANTS both Motions as to dismissal and DISMISSES all claims against Defendants Fishman and Amazon.com. The Court further DISMISSES the Complaint as to all Defendants pursuant to 28 U.S.C. § 1915(e)(2), MOOTING Plaintiff's Motion for Service by the U.S. Marshal (ECF No. 13). The Court DENIES Defendant Fishman's Motion to the extent it seeks the imposition of filing restrictions on Plaintiff, but warns Plaintiff that he may be subject to such restrictions in the future.
On February 2, 2017, Plaintiff Bradley Paul Williams filed a pro se Complaint against Fishman and his fellow members of a band, Touchpants, along with Amazon.com and its CEO, Jeff Bezos, which Plaintiff titled, Civil Action for Damages, Injunctive & Other Equitable Relief From Their Sale of Prohibited Obscene Matter Depicting Child: Rape, Incest, Sodomy, Scat, Be[]stiality, Mother Rape, Necro[p]hilia, Murder, Etc.[;] Interstate Commerce in Said Materials[;] Sale of Said Matter to Children[;] Mailing Said Materials[;] Demand for Jury Trial [;] Negotiating Frau[d]ulent Terms of Service (hereinafter, "Complaint") (ECF No. 1). In the Complaint, Plaintiff alleges that Touchpants has engaged in the creation and dissemination of obscene material; that Amazon.com has facilitated that distribution by selling Touchpants's album; that Plaintiff has an interest in Defendants being prosecuted for their alleged crimes; and that various federal statutes create a private right of action based on damages Plaintiff sustained from listening to Touchpants's allegedly obscene album.
After careful consideration of Plaintiff's Complaint, and with full appreciation of the fact that "pro se pleading are to be liberally construed,"
For the same reasons that Plaintiff has failed to state a claim against Defendants Fishman and Amazon.com, he has also failed to state a claim against the other Defendants. Therefore, consistent with the Court's duties under 28 U.S.C. § 1915(e)(2)(B), the statute governing in forma pauperis pleadings, the Court DISMISSES WITH PREJUDICE the federal claims and DISMISSES WITHOUT PREJUDICE any state law claims as to
However, the Court DENIES Defendant Fishman's Motion to the extent it seeks "an order prohibiting the filing of further pleadings by Williams against Fishman without leave of Court." Defendant Fishman's Motion to Dismiss (ECF No. 4), Page ID # 43. The Court recognizes that Plaintiff has been put on notice in a related case in the District of Maine that "filing restrictions `may be in the offing.'" Order on Defendant's Motion for Reconsideration, 1:16-cv-362-DBH (ECF No. 25), Page ID # 199,
SO ORDERED.