King/Morocco v. Louisiana Capitol Police, 19-11796. (2020)
Court: District Court, E.D. Louisiana
Number: infdco20200303b91
Visitors: 5
Filed: Mar. 02, 2020
Latest Update: Mar. 02, 2020
Summary: ORDER AND REASONS SARAH S. VANCE , District Judge . The Louisiana Capital Police move to dismiss the complaint of plaintiff "The King/Morocco." 1 On July 22, 2019, plaintiff filed a pro se complaint against the Louisiana Capital Police asserting a cause of action under 42 U.S.C. 1983. 2 Plaintiff did not pay the filing fee, and moved to proceed in forma pauperis. 3 The Magistrate Judge denied plaintiff's pauper application. 4 The Court affirmed the denial of plaintiff's pauper appl
Summary: ORDER AND REASONS SARAH S. VANCE , District Judge . The Louisiana Capital Police move to dismiss the complaint of plaintiff "The King/Morocco." 1 On July 22, 2019, plaintiff filed a pro se complaint against the Louisiana Capital Police asserting a cause of action under 42 U.S.C. 1983. 2 Plaintiff did not pay the filing fee, and moved to proceed in forma pauperis. 3 The Magistrate Judge denied plaintiff's pauper application. 4 The Court affirmed the denial of plaintiff's pauper appli..
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ORDER AND REASONS
SARAH S. VANCE, District Judge.
The Louisiana Capital Police move to dismiss the complaint of plaintiff "The King/Morocco."1 On July 22, 2019, plaintiff filed a pro se complaint against the Louisiana Capital Police asserting a cause of action under 42 U.S.C. § 1983.2 Plaintiff did not pay the filing fee, and moved to proceed in forma pauperis.3 The Magistrate Judge denied plaintiff's pauper application.4 The Court affirmed the denial of plaintiff's pauper application, as plaintiff's financial affidavit demonstrated he had adequate funds to pay the filing fee.5 The Court also observed in its order that plaintiff's claims are prescribed on the face of the complaint.6
Because plaintiff's pauper application was denied, and the filing fee never paid, the complaint was never properly filed. There therefore exists no complaint to dismiss. The Louisiana Capital Police's motion to dismiss is therefore DENIED as moot.
FootNotes
1. R. Doc. 6.
2. R. Doc. 1.
3. R. Doc. 2.
4. R. Doc. 3.
5. R. Doc. 5.
6. Id. at 4-5.
Source: Leagle
