I also can't decide if I'm impressed that she managed to stay coherent enough to actually file a proper petition with the courts, or if I'm happy that the court petitioning system is indeed easily accessible - as it should be.
It doesn’t take too much to file a petition. She obviously did some research because the petition has all the required information (at least for filing) and even in the right places and numbered arguments and everything.
The petition was handwritten. In cursive. Which I didn’t even think the Federal courts would allow. But the rules of this district allow handwritten petitions “if necessary”. (I’m guessing that is primarily to allow for petitions from prisoners).
It is legible. And mostly well written, other than a few mistakes and some odd commas and a quote from the book of “Jenesis”.
Not sure if she had to pay the filing fee, but the judge killed it the same day it was filed.
It was filed 5/1 and dismissed 5/6, so not the same day, but only a few days.
The motion for leave to proceed in forma pauperis is denied as moot, so she would not have to pay a fee. To file a petition a person has to pay the filing fee or file IFP. IF a person files IFP the court determines the person has to pay the fee before commencement of service of the complaint. But the court dismisses the complaint preservice if the action or appeal is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks money from someone immune to such relief. The court ruled that the IFP is moot because the complaint was dismissed preservice (no relief can be granted because the court lack subject matter jurisdiction), which means that it would not proceed to the point where a fee would be due.
It is a bit ironic that she doesn’t have to pay a fee due to a law intended to prevent people from filing frivolous lawsuits. It came about from the Prison Litigation Reform Act of 1995. That law was intended to restrict lawsuits and appeals by prisoners so that they don’t just file a bunch of worthless petitions IFP where they suffer no consequences. It also allows the court to dismiss IFP complaints outright for the reasons stated above without a motion from the plaintiff or even any service on the plaintiff (which would have to be paid for by the government if IFP were granted).
So, the court doesn’t collect a fee, but the government also doesn’t have to pay for any costs of service or any other costs with the continuance of the complaint. It is cheaper to just dump it at no cost.
Of course, a person could be fined or ordered to pay damages for filing a frivolous lawsuit. Or even be found in contempt or in criminal violation. Or even barred from future filings unless a fine is paid, such as in the case of Matthew Washington who filed dozens of frivolous motions including a “Motion to Kiss My Ass”.
Was she able to find some lawyer desperate enough to take her case?
No. She filed pro se. If a lawyer filed this, they would probably be facing fines and/or other sanctions.
Well, what baffles me the most is the idea of asking a secular judge to rule what is a mortal sin. I mean, even if she missed the memo about the whole separation of church and state, wouldn't she want a theologian to rule on what's a sin? WTH?
A court has power over everybody (within jurisdiction) and a theologian does not. She wants government acceptance of her personal beliefs and authority over people outside her religion. Doesn’t sound very democratic. Or republican. It sounds down right un-American. Love it or leave it, Pinko!
Any word on how much each gay person is liable?
Each gay person is liable to find her rather queer.