Presidential Candidate Number P60005535 v. Moore

CourtDistrict Court, S.D. Georgia
DecidedJuly 23, 2025
Docket1:25-cv-00157
StatusUnknown

This text of Presidential Candidate Number P60005535 v. Moore (Presidential Candidate Number P60005535 v. Moore) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Presidential Candidate Number P60005535 v. Moore, (S.D. Ga. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

PRESIDENTIAL CANDIDATE NUMBER ) P60005535, “also known as” (aka) RONALD ) SATISH EMRIT, and PRESIDENTIAL ) COMMITTEE/POLITICAL ACTION ) COMMITTEE/SEPARATE SEGREGATED ) FUND (SSF) NUMBER C00569897 d/b/a ) UNITED EMRITS OF AMERICA, ) ) Plaintiffs,1 ) ) v. ) CV 125-157 ) GOVERNOR WES MOORE; AISHA ) BRAVEBOY; CONGRESSMAN ) JAMIE RASKIN; SENATOR ANGELA ) ALSOBROOKS; SENATOR CHRIS VAN ) HOLLEN; and MARYLAND ATTORNEY ) GENERAL ANTHONY BROWN, ) ) Defendants. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff is proceeding pro se and in forma pauperis (“IFP”) in the above-captioned case. Because he is proceeding IFP, Plaintiff’s complaint must be screened to protect potential defendants. See Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir. 1984) (per curiam).

1 The Court DIRECTS the CLERK to update the docket in accordance with the caption to reflect two named Plaintiffs, which is consistent with the complaint. (Doc. no. 1, p. 1.) I. Screening the Complaint A. Background Plaintiff’s complaint recounts his extensive unsuccessful attempts to obtain a Section 8 Housing voucher in numerous states. (Doc. no. 1, pp. 6-7.) The complaint also contains rambling and non-sensical descriptions of purported connections between celebrities and individuals Plaintiff has met at various points in his life and his inability to acquire a job as a

professor of entertainment law at several universities. (Id. at 2-9.) Plaintiff seeks $250,000 in damages against Defendants for “negligence, intentional infliction of emotional distress, tortious interference with business relations/contracts, tortious interference with family relations, Civil Rights violations, and violations of constitutional law,” but provides no detail as to why the named Defendants should be liable for such claims. (Id. at 1-2, 9-10; see generally id.) He also seeks injunctive relief regarding Section 8 housing vouchers, EBT/SNAP benefits, and to assist him in becoming employed “as a disabled professor of entertainment law at University of Maryland or University of Virginia or any of the colleges and universities in the state of Maryland.” (Id. at 10.)

Plaintiff states he is a resident of Florida and Maryland. (Id. at 4, 5.) He describes no actions or activities occurring in Georgia, let alone within the Southern District of Georgia. (See generally id.) B. Discussion 1. Legal Standard for Screening The complaint or any portion thereof may be dismissed if it is frivolous, malicious, or fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a defendant

who is immune to such relief. See 28 U.S.C. § 1915(e)(2)(B). A claim is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). “Failure to state a claim under § 1915(e)(2)(B)(ii) is governed by the same standard as dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6).” Wilkerson v. H & S, Inc., 366 F. App’x 49, 51 (11th Cir. 2010) (citing Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir. 1997)). To avoid dismissal for failure to state a claim upon which relief can be granted, the allegations in the complaint must “state a claim to relief that is plausible on its face.” Bell Atl.

Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). That is, “[f]actual allegations must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555. While Rule 8(a) of the Federal Rules of Civil Procedure does not require detailed factual allegations, “it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678. The complaint is insufficient if it “offers ‘labels and

conclusions’ or ‘a formulaic recitation of the elements of a cause of action,’” or if it “tenders ‘naked assertions’ devoid of ‘further factual enhancement.’” Id. (quoting Twombly, 550 U.S. at 555, 557). In short, the complaint must provide a “‘plain statement’ possess[ing] enough heft to ‘sho[w] that the pleader is entitled to relief.’” Twombly, 550 U.S. at 557 (quoting Fed. R. Civ. P. 8(a)(2)). Finally, the Court affords a liberal construction to a pro se litigant’s pleadings, holding them to a more lenient standard than those drafted by an attorney. Erickson v. Pardus, 551 U.S.

89, 94 (2007); Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam). However, this liberal construction does not mean that the Court has a duty to re-write the complaint. Bilal v. Geo Care, LLC, 981 F.3d 903, 911 (11th Cir. 2020); Snow v. DirecTV, Inc., 450 F.3d 1314, 1320 (11th Cir. 2006). 2. Plaintiff’s Frivolous and Malicious Complaint Should Be Dismissed Plaintiff has a well-documented history of meritless and vexatious litigation, and as have numerous other courts, this Court “takes judicial notice of the fact that Plaintiff has filed hundreds of cases and appeals in the federal courts alone.” Emrit v. Trump, Case No. 1:19- cv-18, 2019 WL 140107, at *2 (S.D. Ohio Jan. 9, 2019) (describing public records search

revealing 333 cases and appeals filed across United States federal courts as of January 8, 2019), adopted by 2019 WL 935028 (S.D. Ohio Feb. 26, 2019). By January of 2024, another court identified Plaintiff as a “‘serial pro se filer’ who has been a party in more than 700 federal cases and the plaintiff in more than 400 federal cases.” Emrit v. Progressive Ins. Co., Case No. 3:24-cv-13, 2024 WL 436385, at *2 (N.D. Fla. Jan. 11, 2024), adopted by, 2024 WL 420143 (N.D. Fla. Feb. 5, 2024), appeal dismissed, No. 24-10413-G, 2024 WL 3664060 (11th Cir. Mar. 4, 2024). Plaintiff has filed cases

nationwide, from Maine to Hawaii; despite the fact that most or all of these complaints have been dismissed for improper venue or failure to state a claim, Plaintiff continues to abuse the in forma pauperis (“IFP”) privilege by recycling the same patently frivolous allegations against various government agencies and officials in inscrutable pleadings that demonstratively clog the federal district courts with meritless litigation. Emrit v. Bd. of Immigr. Appeals, Case No. 2:22-CV-00110, 2022 WL 4287659, at *1 & n.1 (S.D. W. Va. Mar. 31, 2022) (cataloguing Plaintiff’s cases from across nation dismissed as meritless and frivolous), adopted by 2022 WL 3594518 (S.D. W. Va. Aug. 23, 2022). This case is no different. Plaintiff’s factual and legal claims – to the extent they can even be deciphered – “lack[] an arguable basis either in law or in fact.” Neitzke, 490 U.S. at 325, 327.

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Related

Mitchell v. Farcass
112 F.3d 1483 (Eleventh Circuit, 1997)
Michael Snow v. Directv, Inc.
450 F.3d 1314 (Eleventh Circuit, 2006)
Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Denton v. Hernandez
504 U.S. 25 (Supreme Court, 1992)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Phillips v. Mashburn
746 F.2d 782 (Eleventh Circuit, 1984)
Anthony Alexander v. United States
121 F.3d 312 (Seventh Circuit, 1997)
Cathleen R. Gary v. United States Government
540 F. App'x 916 (Eleventh Circuit, 2013)
Carol Wilkerson v. H&S, Inc.
366 F. App'x 49 (Eleventh Circuit, 2010)

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