Opinion

GASSEW

Court
District Court, E.D. Pennsylvania
Filed
Jun 10, 2020
Cited by
0 cases
Authority
More cited than 28.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE: :

JOHN GASSEW : Case No. 2:20-cv-2044-JDW

:

MEMORANDUM

John Gassew mailed to the Court an unintelligible, hand-written submission that does not

name a defendant or seek any particular relief. The Court will dismiss his filing as frivolous

pursuant to the Prison Litigation Reform Act and give him leave to amend in case he has an actual

claim to assert.

I. FACTUAL ALLEGATIONS

The Court knows from the return address on his Petition that that Mr. Gassew is

incarcerated at the United States Penitentiary in Thompson, Illinois. The Court also knows that

Mr. Gassew thinks that the “petition motion should be granted.” (ECF No. 1 at 3.) That is all the

Court knows.

The rest of the Petition is unintelligible nonsense. Paragraphs 1-4 each read:

deify demagogue dual duel durmant don II I I kween queen queen

consort princess princ prince princely princedom duke dukedom

duchess duchy duchies ducal judge judges civil rights prophet king

kollaway eilien Solomon Jesus John Gessew Chronicles Corinthians

Colossians luke lucifer martyr resurrection martial II deed deeth

elemented demon destroy deuce devil diabolic diagnosis diamond

dichotomy dre dollar dominate doom double doubleentedre

draconian

(Id. at 1.) Paragraphs 5-7 each read:

II I I kween queen queen consort princess princ prince princely

princedom duke dukedom duchess duchy duchies ducel Judge

Judges civil rights prophet king kollaway eilien Solomon Jesus John

Gassew Chronicles Corinthians Colossians luke lucifer martyr

resurrection martial II

(Id. at 2.) The Petition does not name a defendant, identify any wrongdoing, or seek any particular

relief.

II. ANALYSIS

Under the Prison Litigation Reform Act, a federal court may dismiss a prisoner action sua

sponte if the action is frivolous or malicious.” See 28 U.S.C. §§ 1915(e)(2), 1915A. The Court can

make that determination before or after considering a Petitioner’s request to proceed in forma

pauperis. See Brown v. Sage, 941 F.3d 655, 664 (3d Cir. 2019) (en banc). A complaint is frivolous

if it “lacks an arguable basis either in law or in fact,” Neitzke v. Williams, 490 U.S. 319, 325 (1989),

and is legally baseless if it is “based on an indisputably meritless legal theory,” Deutsch v. United

States, 67 F.3d 1080, 1085 (3d Cir. 1995). These rules often do not apply to petitions for a writ of

mandamus. When the Court received Mr. Gassew’s submission, the Clerk’s Office docketed it as

a mandamus petition because it had to classify it as something. However, the Court does not read

it as a mandamus petition and therefore concludes that the PLRA applies.

Other than suggesting that the Court should grant the motion, Mr. Gassew’s submission

says nothing. It does not name a defendant, allege a wrongdoing, or seek a remedy. It is therefore

frivolous and legally baseless. The Court will dismiss it.

III. CONCLUSION

If Mr. Gassew has a complaint, he can submit it. Because he has not done so, the Court

will dismiss his claim. An appropriate Order follows.

BY THE COURT:

/s/ Joshua D. Wolson

HON. JOSHUA D. WOLSON

Dated: June 10, 2020 United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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