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Newton El v. United States

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Mar 31, 2021
Case No. 8:21-cv-244-T-KKM-TGW (M.D. Fla. Mar. 31, 2021)

Opinion

Case No. 8:21-cv-244-T-KKM-TGW

03-31-2021

THAWSKO HOLY NEWTON EL I, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.


ORDER

In an order dated February 1, 2021, the Court directed the plaintiff to file a complaint that complies with the Federal Rules of Civil Procedure. (Doc. 2). The plaintiff failed to do so. A review of the current pleading demonstrates that the plaintiff brings this action purportedly as a "sovereign citizen."

Causes of action based on "sovereign citizen" theories are patently frivolous. See Townsend v. Georgia, CV418-303, 2019 WL 1009421, at *2 (S.D. Ga. Feb. 11, 2019) (Ray, Mag. J.) (collecting cases), adopted in 2019 WL 1005199; United States v. Sterling, 738 F.3d 228, 233 n.1 (11th Cir. 2013) (noting courts summarily reject theories from "sovereign citizens" as frivolous); United States v. Benabe, 654 F.3d 753, 766 (7th Cir. 2011) (stating that "[sovereign citizens'] theories should be rejected summarily, however they are presented"); Stafford v. United States, 208 F.3d 1177, 1178 (10th Cir. 2000) (noting federal courts regularly reject tax protests by "sovereign citizens" as frivolous); Cooper v. Williams, No. 16-3963, 2016 WL 4943363, at *1, n.1 (E.D. Pa. Sept. 16, 2016) (characterizing "the plaintiff's notions of his sovereign citizenship" as frivolous); see also West v. Bornudna, 698 F. App'x 224 (5th Cir. 2017) (dismissing appeal by "sovereign citizen" because it was frivolous); Schlager v. Beard, 398 F. App'x 699 (3d Cir. 2010) (same).

Because the plaintiff failed to comply with the order directing him to file a complaint in accord with the Federal Rules of Civil Procedure and because his current pleading contains unintelligible theories and claims, this action is DISMISSED. The Clerk is directed to close the case.

ORDERED in Tampa, Florida, on March 31, 2021.

/s/_________

Kathryn Kimball Mizelle

United States District Judge


Summaries of

Newton El v. United States

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Mar 31, 2021
Case No. 8:21-cv-244-T-KKM-TGW (M.D. Fla. Mar. 31, 2021)
Case details for

Newton El v. United States

Case Details

Full title:THAWSKO HOLY NEWTON EL I, Plaintiff, v. UNITED STATES OF AMERICA…

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: Mar 31, 2021

Citations

Case No. 8:21-cv-244-T-KKM-TGW (M.D. Fla. Mar. 31, 2021)