United States District Court, E.D. Kentucky, Northern Division
MEMORANDUM OPINION AND ORDER
L. Banning United States District Judge
matter is before the Court upon Plaintiff Robert Moore's
Motion for Leave to Proceed in Forma Pauperis, as
well as an attached Complaint. (Docs. # 1 and 1-1). For the
reasons that follow, Plaintiff's Motion for Leave to
Proceed in Forma Pauperis (Doc. # 1) is hereby
granted, but Plaintiff's Complaint (Doc.
# 1-1) is dismissed without prejudice.
FACTUAL AND PROCEDURAL BACKGROUND
18, 2018, Plaintiff Robert Moore initiated this action in the
United States District Court for the Southern District of
Ohio against Defendant Joseph Council. (Doc. # 1). In doing
so, the Plaintiff filed a Motion for Leave to Proceed in
Forma Pauperis (Doc. # 1), and tendered a Complaint.
(Doc. # 1-1). Thereafter, the Southern District of Ohio
transferred this action to the United States District Court
for the Eastern District of Kentucky. (Docs. # 2 and 3).
review of the Plaintiff's Complaint reveals a litany of
allegations. The particular claims Plaintiff wishes to bring,
however, are difficult to discern given that much of the
Complaint is mere gobbledygook. From the erratic factual
account, the numerous offers of testamentary proof, and
various mentions of constitutional violations, the Court has
attempted to make sense of Plaintiff's Complaint and
identify the relevant legal issues.
the Court can tell, it appears that the Plaintiff, Defendant,
and various other parties have found themselves involved in a
chaotic and conflict-ridden interpersonal situation.
Evidently, the Plaintiff's ex-wife-Alison Moore-is
now involved in a romantic relationship with the Defendant.
(Doc. # 1-1 at 6, 7). The primary reason for Plaintiff's
filing of the instant Complaint appears to be an alleged
incident of physical violence that occurred on or about June
Joseph Council-defendant named assaulted Plaintiff Robert
Moore on June 02, 2018 Intentionally, willingly and
maliciously with his hands namely a punch to Plaintiffs [sic]
ribs or stomach and thereby causing him injury to his body,
namely a lot of pain and suffering and brusing [sic] and hurt
[his] body flesh or person.
Id. at 3. The Plaintiff further claims that
“[a]ll of this was done to plaintiff, by defendant,
without any fault of plaintiff while plaintiff was standing
in a public street talking to his son.” Id. In
addition to physical pain and suffering, the Plaintiff
alleges that the event caused “mental anguish to [his]
mind.” Id. The Complaint alleges that the
physical pain from the June 2, 2018 incident lasted
“almost a week.” Id. at 6.
conflict-and the allegations-continue past June 2, 2018.
Specifically, the Plaintiff alleges that approximately two
weeks after the June 2, 2018 incident, the Defendant
“came to [Plaintiff's] residence in the cover of
night and slashed [his] girlfriend Rouzin Saed's tires on
her vehicle” and thereby “deprived [Plaintiff] of
[his] rights to live free of fear, rights to travel using a
vehicle and [his] constitutional rights to not be harmed in
[his] body or mind.” Id. at 3. On this same
night, the Plaintiff alleges that the Defendant “broke
into [his] car and took around 250 cash and [his] pain
medication.” Id. at 4. Afterwards, the
Plaintiff claims that the Defendant's “blood
relative” provided a get-away car so that the Defendant
could flee the scene. Id. at 5.
addition to these specific incidents, the Plaintiff accuses
the Defendant and Alison Moore-his ex-wife and apparently the
custodian of his children-of illicit drug use. Id.
at 6. Plaintiff claims that the Defendant has
“manipulate[ed] and influence[d]” Alison Moore to
“withhold” Plaintiff's children from him.
Id. at 4. These actions, the Plaintiff claims,
violate his “constitutional rights to own … and
possess [his] relationship as a parent over [his] two
kids” and constitute “interference” with
his “rights to parent [his] children” under the
United States Constitution. Id. The Plaintiff
further claims that the Defendant has interfered with and
violated his constitutional rights for eight
result of the aforementioned events, the Plaintiff claims
that he is “missing sleep, ” “scared for
[his] life, ” and “worr[ies] constantly that [the
Defendant] will come and shoot [him] dead” because the
Plaintiff saw the Defendant “with a knife while he
slashed” the “tires of [Plaintiff's]
girlfriend's vehicles.” Id. at 4. The
Plaintiff also claims to be aggrieved by the Defendant's
and Alison Moore's actions with respect to his children:
For the last 8 months when I have tried to see my kids, Joey
Council has interfered with my relationship with them and
greatly influenced their mother to not let me see my own
blood children. He has said many times to me that I am not
welcome around them. I am not wanted anymore by them. He will
raise them as their own dad.
Id. at 7. In addition to contesting the
Defendant's and Alison Moore's fitness to parent, the
Plaintiff claims to “have texts where Alison and Joey
have said to stay away from [his] kids and the kids don't
love [him] at all and don't like [him].”
Id. Finally, the Plaintiff asserts that
“Alison Moore and Joey are playing head games and house
with [his] children's lives” and alleges that he is
his “kids [sic] father” and that the Defendant is
“unconstitutionally interfering with [his]
children's lives and [his] relationship with them.”
Id. at 7.
Plaintiff seeks various forms of relief throughout his
Complaint. First, Plaintiff asks the Court to “issue a
restraining order” against the Defendant, “give
[Plaintiff] a new name so” the Defendant cannot
“find [Plaintiff] and kill [him], ” and for a
“jury trial and all else.” (Doc. # 1-1 at 5).
Later in the Complaint, Plaintiff again demands a jury trial
and a “restraining order” against the Defendant
preventing him from coming near the Plaintiff and his
“minor children, ” as well as “Rouzin Saed
or her kids, ” who are not parties to this action.
Id. at ...