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Clagett v. Zahir

United States District Court, D. Maryland

May 3, 2019

CORPORAL DERRECK CLAGETT, Plaintiff,
v.
NAJA TALIBAH ZAHIR, aka ZAHIR EL, NAJA Defendant. STATE OF MARYLAND, Plaintiff,
v.
NAJA TALIBAH ZAHIR, Defendant. STATE OF MARYLAND, Plaintiff,
v.
NAJA TALIBAH ZAHIR, Defendant.

          MEMORANDUM OPINION

          PAULA XINIS UNITED STATES DISTRICT JUDGE

         On April 29, 2019, naja zahir el[1] filed the above referenced cases, seeking to remove various state criminal and traffic proceedings to this court, as well as assert civil claims. Due to the similarities, the Court reviews these cases together.

         I. Background

         In Case Number 19-1252, zahir seeks to remove to this court criminal charges pending against her in the District Court of Maryland for Prince George's County in No. 6E00664131. ECF No. 1; ECF No. 1-2 (application for statement of charges). zahir was charged with breaking and entering into 12912 Vicar Woods Lane, Bowie, Maryland 20720, which is described as a vacant property owned by Wells Fargo Bank. ECF No. 1-2 at 1. She is also charged with forgery of private documents.[2] zahir provided the responding officer with “fraudulent documents from the Shaykamaxum Republic Federal Government a known sovereign citizen group, defending her claim to ownership to the property.” Id. at 2. The officer determined that the documents were fraudulent and, based on another unrelated investigation of a squatter at the property, zahir was not the owner of the property. Id. zahir was released on her own recognizance and directed to not enter or be found near the property. ECF No. 1-6. Trial was set for April 15, 2019. Id. zahir failed to appear and a warrant issued for her arrest. See Maryland Judiciary Case Search, State v. Zahir, District Court for Prince George's County, Case Number 6E00664131.

         In Case Number 19-1253, zahir seeks to remove to this court traffic charges pending against her in the District Court of Maryland for Prince George's County in Case Numbers 1SW0JJ3, 1SX0JJ3, 1SY0JJ3, 1SZ0JJ3, 1T00JJ3, 1T10JJ3, 1T20JJ3, 1T30JJ3, and 1T40JJ3. In those cases, zahir is charged with: driving without a license, knowingly driving an uninsured vehicle, knowingly using falsified vehicle documents, and related traffic offenses of failure to display a license on demand, unauthorized display and use of registration plate, driving without current tags, failure to display registration card on demand, operating an unregistered motor vehicle, and failure to maintain required security for vehicle during registration period. ECF No. 1; ECF No. 1-3 (bench warrant); ECF No. 1-5 at 2. (notice of trial date). Trial is set for May 29, 2019. ECF No. 1-5 at 1.

         In Case Number 19-1254, zahir seeks to remove to this court criminal and traffic charges pending against her in the District Court of Maryland for Anne Arundel County in Case Numbers 1LH0JJ0, 1LJ0JJ0, 1LK0JJ0, 1LL0JJ0, and D07CR18010986. In Case Number 19-1254, she is charged with driving while suspended, possessing and using false government identification, fraudulent use of identification to avoid prosecution, driving with a suspended license, driving without required license and authorization, and displaying, causing or permitting to be displayed a fictitious license. ECF No. 1; ECF No. 1-1 at 2 (notice of trial date). The trial was set for April 12, 2019. ECF No. 1-1. zahir failed to appear for trial and a bench warrant issued. See Maryland Judiciary Case Search, State v. Zahir, District Court for Anne Arundel County, Case Number D-07-CR-18-010986.[3]

         II. Proceedings in Forma Pauperis

         The Court grants each of zahir's motions to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). ECF No. 4, No. 19-1252; ECF No. 2, Nos. 19-1253, 19-2354. 28 U.S.C. § 1915(a)(1), permits an indigent litigant to commence an action in this court without prepaying the filing fee. To guard against possible abuses of this privilege, the statute requires dismissal of any claim that is frivolous or malicious or fails to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). This Court is mindful, however, of its obligation to construe liberally self-represented pleadings such as zahir's complaint. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). In evaluating such a complaint, the factual allegations are assumed to be true. Id. at 93 (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007)). Nonetheless, liberal construction does not mean that this court can ignore a clear failure in the pleading to allege facts which set forth a cognizable claim. See Weller v. Dep't of Soc. Servs., 901 F.2d 387 (4th Cir. 1990); see also Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985) (stating a district court may not “conjure up questions never squarely presented”). In making this determination, “[t]he district court need not look beyond the complaint's allegations. . . . It must hold the pro se complaint to less stringent standards than pleadings drafted by attorneys and must read the complaint liberally.” White v. White, 886 F.2d 721, 722-23 (4th Cir. 1989).

         III. Removal of Criminal Cases

         zahir cannot remove the criminal cases filed against her. The removal statute, 28 U.S.C. § 1441, states in relevant part that

any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

         § 1441(a) (emphasis added). This statute does not authorize a criminal defendant to remove a case filed against her in state court to the federal court. Thus, zahir cannot remove her state criminal cases and the cases must be remanded.

         IV. Emergency Injunctions

         In each case, zahir has filed a request for “Emergency Injunction.” See ECF No. 3, Nos. 19-1252, 19-1253, 19-1254.[4] zahir seeks an injunction so that she may “return to [her] home at 12912 Vicar Woods Lane, Bowie, Maryland, without harassment or risk of being abducted by Prince George's County Police.” zahir explains that “[a]n order to stay away from [her] home was issued by the Commissioner on March 13th, in relation to case 6E00664131...” Id. She also ...


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