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Baalim v. United States

United States District Court, E.D. Missouri, Eastern Division

December 16, 2019

MALAK BAALIM, Plaintiff,
v.
UNITED STATES OF AMERICA, et al., Defendants.

          MEMORANDUM AND ORDER

          AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE

         This 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 action.

         Background

         On 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. at 1.

         On 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 been abolished.

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.

         Because 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.[1] See Gaia v. United States of America, No. 4:19-CV-2670-JCH (E.D. Mo. Sept. 26, 2019) (ECF No. 8).

         Discussion

         Under 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. § ...


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