United States District Court, D. Rhode Island
WILLIAM E. SMITH, CHIEF JUDGE.
Judge Lincoln D. Almond filed a Report and Recommendation
(“R&R”) (ECF No. 5) in this case,
recommending the Court dismiss without prejudice.
careful review of the complaint (ECF No. 1), and of the
R&R, and having heard no objection, the Court ACCEPTS the
R&R and adopts its recommendation and reasoning. This
case is DISMISSED without prejudice.
Motion for a Temporary Restraining Order (ECF No. 3) is
consequently DENIED. Plaintiff has not shown he is likely to
have a federal court entertain - much less rule in his favor
on - his claim. New Comm Wireless Servs., Inc. v.
SprintCom, Inc., 287 F.3d 1, 9 (1st Cir. 2002) (noting
that motion for temporary restraining order will fail
“if the moving party cannot demonstrate that he is
likely to succeed in his quest”).
Motion to Certify Class (ECF No. 3) is also DENIED.
See D.R.I. L.R. Gen. 205(a)(2) (“An individual
appearing pro se may not represent any other party . . .
AND RECOMMENDATION FOR SUMMARY DISMISSAL PURSUANT TO 28
U.S.C. § 1915(e)
D. Almond, United States Magistrate Judge
2, 2018, Plaintiff filed a pro se Complaint
accompanied by an Application to Proceed Without Prepayment
of Fees including the $400.00 per case filing fee. (ECF Doc.
Nos. 1, 2). Plaintiff's Application (ECF Doc. No. 2)
filed pursuant to 28 U.S.C. § 1915 has been referred to
me for determination. 28 U.S.C. § 636; LR Cv 72. After
reviewing Plaintiff's Application signed under penalty of
perjury, I conclude that Plaintiff is financially unable to
pay the fees and costs of this proposed civil case and thus,
Plaintiff's Application to Proceed Without Prepayment of
Fees (ECF Doc. No. 2) is GRANTED.
granted IFP status, I am required by statute to further
review Plaintiff's Complaint sua sponte under 28
U.S.C. § 1915(e)(2) and to dismiss if it is
“frivolous or malicious, ” “fails to state
a claim on which relief may be granted” or “seeks
monetary relief against a defendant who is immune from such
relief.” For the reasons discussed below, I recommend
that Plaintiff's Complaint be DISMISSED because it is
“frivolous, ” and “fails to state a claim
on which relief may be granted.” See 28 U.S.C.
is a Massachusetts resident and the current President of the
Rhode Island Chapter of the Seed of Abraham Motorcycle Club.
(ECF Doc. No. 1 at p. 1). Defendant is a Minnesota resident
and the Interim President of the National Seed of Abraham
Motorcycle Club. Id. Plaintiff alleges that
Defendant promised “unity” of the nation of
motorcycle clubs known as Seed of Abraham, but that
Defendant's actions belie his promise of unity. Plaintiff
alleges that Defendant has scheduled a meeting of the Seed of
Abraham Motorcycle Clubs to elect the new National President.
Id. at p. 2. The meeting is scheduled for June
22-24, 2018 in El Paso, Texas, and Plaintiff alleges that
Defendant is requiring Members of local clubs to be
physically present at that meeting to cast a vote for the
next National President. Id. Plaintiff alleges the
requirement to be physically present to vote does not further
the goal of “unity” and will impose a financial
hardship upon him and Chapter Presidents from nine other
states. Plaintiff claims the requirement to be physically
present to vote is unsupported by the rules or bylaws of the
Club. Id. at pp. 2-3, 5-6. He estimates his travel
expenses to Texas would be roughly $12, 000.00. Id.
at p. 3. Plaintiff brings his Complaint for negligence,
promissory estoppel and undue influence. Id. at p.
6. He seeks injunctive and declaratory relief and asks that
the Court restrain Defendant from holding the National
Meeting in Texas from June 22-24, 2018, and prevent Defendant
from acting in any capacity on behalf of the National Chapter
of the Motorcycle Club until the issues raised in this suit
are resolved. (ECF Doc. No. 3 at pp. 10-11).