Cabo v. Vital Statistics Administration et al, No. 8:2015cv03082 - Document 3 (D. Md. 2015)

Court Description: MEMORANDUM OPINION AND ORDER granting 2 MOTION for Leave to Proceed in forma pauperis; Dismissing action for failure to state claim;directing clerk to close this case. Signed by Judge George Jarrod Hazel on 10/30/2015. (c/m 10/30/2015 aos, Deputy Clerk) Modified on 10/30/2015 (aos, Deputy Clerk).

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Cabo v. Vital Statistics Administration et al Doc. 3 FILED U.S. DISTRICT COURT DISTRICT OF t1ARYLAND IN THE UNITED STATES DISTRICT COURT FOR TIlE DISTRICT ~)~.MARYLAND SOlltllerll 1015 OCT 30 A If: 18 DIVISIO/I CLERK'S OrTle[ AT GREDWELT * STEPHEN L. CABO, BY __ * Plaintiff, .. ic,"lJiY "0 * Case No.: G.JH.IS.30S2 v. * VITAL STATISTICS ADMINISTRATION, et al., * * * Defendants. * * * * * * * * * * * * * * MEMORANDUM OPINION AND ORDER On October 9. 2015. the Court received for filing a selt~represented action submitted by Stephen L. Cabo. a resident of Silver Spring. Maryland.1 Cabo submits no complaint. but only a copy of a document captioned as a "Revocation of Birth Certificate'" the original of which was apparently sent to Dcfendants. ECI' NO.1. He refers to himself as a "natural born fi'ee sovereign individual" and seemingly asserts that Defendant Agencies breached an underlying contract by engaging in a "statutory practice" to require that a birth certificate be entered on the record. Cabo further appears to state that such a certificate was "introduccd into cvidence" and violated his rights to privacy and Fourth Amendment protections. Hc asserts that ..the birth certificate creates a legal estate in myself and acts as a nexus to bring aetions against this individual as ifhe was a corporate entity'" and claims that the "State of Maryland. in cooperation with the federal Cabo did not provide a street address or telephone number 011 any of the documents he submitted. Notwithstanding this omission. the COlin observes that a Stephen Lawrence Cabo. with a July 1993 date of birth. is listed in the traffic docket of the State of Maryland at a 9113 Louis Avenue. Silver Spring. Maryland address. The Clerk shall mail a copy of this Order to that address. Dockets.Justia.com government and its agents and assigns. is maintaining the aspects of my life in direct contravention of my unalienable rights and Constitutionally securcd rights to be a •rree entity' and to cooperate at the common law:' ECF No. I. Cabo alleges that the statutory provisions cause a loss or diminution of his rights under the First. Second. Fourth. Filth. Sixth. Seventh. and Ninth Amendments. He claims that he is a "free entity:' that any nexus assumed as a result or his birth eertitleate should be declared "null and void lI'OInits inception:' and that he was neither born nor naturalized in the United States. Cabo also cites to the Code or Federal Regulations and the Unifimn Commercial Code. He apparently seeks the revocation of his birth certificate. It/. Because he appears indigent. Cabo's Motion for Leave to Proceed in Fortna Pauperis shall be granted. This Court is required to liberally construe sell~represented complaints. Erieksoll ". Punlus. 551 U.S. 89. 94 (2007). which are to be held to a less stringent standard than those drafted by attorneys.ld.: Gordoll\". Leek 574 F.2d 1147. 1151 (4th Cir. 1978). A rederal district court is charged with liberally construing a complaint tiled by a pro se litigant to allow the development of a potentially meritorious case. HUj{hes \'. Rom'. 449 U.S. 5. 9 (1980). When evaluating a selt~represented complaint. the plaintifTs allegations arc assumed to be true. Ericksoll. 55l U.S. at 93 (citing Bell Allulllie Corp. \'. 7\l"omhly. 550 U.S. 544. 555 (2007)): Beuudell \".Cily ,!/Humptoll. 775 F.2d 1274. 1278 (4th Cir. 1985). "The requirement of liberal construction docs not mean that the court can ignore a clear failure in the pleading to allege facts which set forth a claim currently cognizable in a federal district court:' Lelleou I'. Aplill. No. 4:09-932-0vIC- TER. 2009 WL 1749430. at *2 (D.S.C. June 22. 2009) (citing Weller \".Dep'l o(Soc. Sen's .. 90 I F.2d 387. 390-91 (4th Cir. 1990)): sec also Ashcro/i \'. Iqhal. 556 U.S. 662. 685 (2009) (outlining pleading requirements under Rule 8 2 of the Federal Rules of Civil Procedure for "all civil actions"). The mandated liberal construction afforded to pro se pleadings means that if a court can reasonably read the pleadings to slate a valid claim on which the plaintiff could prevail. it should do so; however. a district court may not rewTite a complaint to include claims that were never presented. Barnell 1128 (lOth Cir. 1999). construct thc plaintiffs l". !largett. 174 F.3d legal arguments for him. Sl1/all ". El/(licoll.998 F,2d 411 (7th Cir. 1993). or "conjure up questions never squarely presented" to the court. Bealldett l". City (J( Hal1/pton. Pursuant to 28 U.s.c. 775 F,2d 1274. 1278 (4th Cir. 1985). S 1915A(a). a federal court must screen prisoner complaints which seek redress from a governmental entity or officer or employee of such an entity. The screcning process under 28 U.S.c. S 1915 also applies to non-prisoner sell~represented litigants who arc proceeding in forma pauperis. Boyington ". Geo GrollI', Inc.. No. 2:09-cv-570-FtM-29SPC. 2009 WL 3157642 (M.D. Fla. Sept. 25. 2009) (citing Trol"ille \'. Venz. 303 F.3d 1256. 1260 (11th Cir. 2002)) (noting that dismissals under 28 U,S,c. S 1915 apply to non-prisoners. even if fee assessment provisions do not); see also Newsome \'. EEOC. 301 F.3d 227. 3231-33 (5th Cir. 2002). Becausc Cabo is proceeding in forma pauperis. thc Court must conduct a SilOspol/le screening of this Complaint to identify any viable claim and must dismiss any part ofthc action which is frivolous. malicious. fails to state a claim upon which rclief may be granted. or seeks monetary damages (rom a defendant who is immune (rom such relief. See '-Iayne.nrorth ", Hal1/pton City.Iail. No. WDQ-14-3139. 2014 WL 5140350. at. I (D. Md, Oct. 9. 2(14). The statements made in the Complaint are nonsensical. rcferencing a breach of contract. state trust. and thc Uniform Commercial Code, The thrust of the cause of action is Cabo's claim that the recording of his birth certificate violates his privacy rights. Plaintiffs datc ofbirlh and 3 social security number do not involve information of such an intimate or personal nature that it is entitled to constitutional protection. See Cline I'. AkMinn Cn/)'.. Tenn.. 87 F.3d 176 (6th Cir.1996) (stating that disclosure of a criminal rccord does not violate a fundamental personal right inasmuch as such records are a mattcr of public rccord). Moreover. while a social security number is often protected from disclosure and is not disseminated to the public. the contention that disclosure of a social sccurity number violates the right to privacy has been "consistently rejected:' McElrath \'. Calijill7o. 615 F.2d 434. 41 (7th Cir. 1980): see also I'il/s I'. l'erkil1S I,oml Sch. Bd. (!f'Educ .. No. I :05CV2226. 2006 U.S. Dis!. LEXIS 25161 (N.D. Ohio Apr. 19.2006): Sex/oil\'. RUllyoll. No. 1:03-CV-291-TS. 2005 U.S. Dis!. LEXIS 367 (N.D. Ind. Jan. 7.2005). Consequently. the recording ofCabo's birth certificate docs not rise to the levcl ofa constitutional violation2 The cause of action shall be dismissed. +irl Accordingly. it is this 36 day of October 20 IS. by the United States District Court for the District of Maryland. hercby ORDERED that: I. Cabo's Motion for Leave to Proceed In forma Pauperis (ECF NO.2) is GRANTED: 2. Cabo's cause of action is DISMISSED for the failure to state a claim: 3. The Clerk SHALL close this case: and 4. The Clerk SHALL MAIL a copy of this Order to Cabo at 9113 Louis Avenue. Silver Spring. Maryland 2091 0 addres~ ~ • GEORGE J. HAZEL United States District Judge The language used in Cabo's "complaint" referencing "a natural born free sovereign individual" is a variation on the "flesh and blood" defense frequently raised in criminal prosecutions and soundly rejected. Cabo's contentions. whether couched in "flesh and blood" language and/or the Uniform Commercial Code. do not raise claims involving violation of the Constitution or la\vs or treaties of the United States. 4

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