United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
G. FLEISSIG UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion for leave to
proceed in forma pauperis filed by pro se plaintiff
Malak Baalim. ECF No. 4. Because this filing does not comply
with the Local Rules of this Court or the federal statute
under which it may be granted, the Court will direct
plaintiff to file an amended application or pay the full
filing fee. The Court warns plaintiff that his failure to
comply with this Order could result in dismissal of this
September 12, 2019, plaintiff “Malak-Baalim, ”
otherwise known as Norbert K.O. Cody II, filed a
seventy-eight-page document with the Court titled
“Notice of Tort Claim and Opportunity to Cure.”
ECF No. 1. Plaintiff claims to be a “creditor”
against “Debtor[s]” United States of America, St.
Charles County, State of Missouri, St. Charles County
Municipal Court, Judge Joel David Brett, St. Peters Police
Department, and Missouri State Highway Patrol. Id.
October 1, 2019, the Court issued an Order directing
plaintiff to either pay the $400 filing fee or file a motion
to proceed without prepayment of fees and costs. ECF No. 2.
In response, plaintiff filed the court-form
“Application to Proceed in District Court Without
Prepaying Fees and Costs” but he filled in all the
blanks on the form with “N/A” except for the case
number field. ECF No. 4. Included with the form Application,
plaintiff attached a document titled “Affidavit to
Proceed without Payment” which states that the filing
fee should be waived because:
1) Pursuant to Article 1 section ten of the U.S. Constitution
nothing shall be tender for payment but silver and good coin
2) According to supreme court justice William Brennan there
is no charge for claims against the government.
3) Pursuant to HJR192 no debt can be lawfully paid.
4) Pursuant to 12 USC SECTIONS 210.10 and 210.12; debt can
only be discharged.
5) Per executive order 6102 our ability to pay our debts has
Id. at 3. Plaintiff signed this
“Affidavit” attachment as
“Malak-Baalim” and applied his fingerprint.
Plaintiff included three pages with his Application that
relate to a claim against the U.S. Postal Service that seems
to have no relation to his request to proceed without payment
of the filing fee. ECF No. 4-1.
mail sent to plaintiff was returned as undeliverable, the
Court issued a Show Cause Order on November 4, 2019,
directing plaintiff to update the Court with his current
mailing address. ECF No. 5. Plaintiff responded that his
mailing address has not changed since he filed this action.
ECF No. 6. The Court will direct the Clerk of Court to add a
“c/o” to plaintiff's address, as was done in
a related civil proceeding in this Court. See Gaia v.
United States of America, No. 4:19-CV-2670-JCH (E.D. Mo.
Sept. 26, 2019) (ECF No. 8).
the Local Rules of this Court: “An application to
proceed in forma pauperis shall be accompanied by a statement
of the applicant's financial information set forth on a
form provided by the Court. The Court may require the
submission of additional information in a particular
case.” E.D. Mo. L.R. 2.05(A). Additionally, under the
Local Rules, the Clerk can return any complaint submitted for
filing in forma pauperis which is not accompanied by an
affidavit as required by 28 U.S.C. § ...