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Senator Edward Kennedy — Part 25
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forma pauperis. In re Sylvester Jones, (E.D. Mo. June 17, 1988)
(en banc). Plaintiff was provisionally granted leave to proceed in
forma pauperis in this action, however, plaintiff subsequently paid
the required filing fee.
In the present case, plaintiff attempts to bring an action
against Justices, Judges, members of the United States House of
Representatives and the United States Senate, law clerks, court
clerks, attorneys, “and other persons known and unknown at this
time." (Plaintiff’s Complaint). Presently, plaintiff has named in
excess of 200 defendants and has filed seven amended complaints.
Pending before the Court are various motions by plaintiff and
several motions to dismiss by defendants.
Plaintiff filed his original complaint in the Western District
of Missouri. The complaint was construed as an action pursuant to
28 U.S.C. § 2255 and transferred to the Eastern District of
Missouri. Plaintiff’s case was ultimately transferred back to the
Western District of Missouri due to a potential conflict of
interest and since the filing of his original complaint, plaintiff
has attempted to add numerous defendants and bring additional
claims. Because plaintiff does not merely chalienge his conviction
but alleges numerous violations of his constitutional rights and
requests damages, plaintiff’s action will be construed to be an
action pursuant to Bivens v. Six Unknown Named Agents of the
Federal Bureau of Narcotics, 403 U.S. 388 (1971). Plaintiff
requests $300 million in general damages and $800,000 ‘in punitive
damages in addition to injunctive and declaratory relief.
2
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