Taite-El-Bey-Tey v. Alabama President Pro Tempure Senate

• Court: District Court, District of Columbia
• Decided: January 12, 2024
• Docket: Civil Action No. 2023-3542
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MARCUS O. TAITE-EL-BEY-TEY- ) WASHITOW TURNER, ) ) Plaintiff, ) ) v. ) Civil Action No. 23-03542 (UNA) ) ) ALABAMA GOVERNOR ) KAY IVEY et al., ) ) Defendants. )

MEMORANDUM OPINION

Plaintiff, an Alabama state prisoner, has filed a pro se complaint, ECF No. 1, and an

application to proceed in forma pauperis, ECF No. 3. The complaint, naming Alabama’s three

branches of government and baldly citing federal statutes, is incomprehensible. Federal courts

lack “power to entertain claims otherwise within their jurisdiction if,” as here, “they are so

attenuated and unsubstantial as to be absolutely devoid of merit.” Hagans v. Lavine, 415 U.S. 528,

536–37 (1974). Furthermore, the Eleventh Amendment generally immunizes states from suits

filed against them in federal court. 1 Consequently, this case will be dismissed by separate order.

_________/s/______________ CHRISTOPHER R. COOPER Date: January 12, 2024 United States District Judge

1 The Eleventh Amendment to the U.S. Constitution provides: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const. amend. XI. The Supreme Court “long ago held that the Eleventh Amendment bars a citizen from bringing suit against the citizen’s own State in federal court, even though the express terms of the Amendment refer only to suits by citizens of another State.” Welch v. Texas Dept. of Highways and Public Transp., 483 U.S. 468, 472 (1987).