4:26-cv-02539•Clark v. U.S. Department of Justice
Testo completo
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION LaShawn Doree Clark, Plaintiff, v. United States Department of Justice, Office of the Inspector General and the United States Marshal Service, Defendant. § § § § § § § § § § § § § § Civil Action No. 4:26-cv-02539 MEMORANDUM, RECOMMENDATION, AND ORDER On March 30, 2026, Plaintiff LaShawn Doree Clark filed a motion requesting leave to proceed in forma pauperis (“IFP”). Dkt. 2. After carefully considering the application, the pleadings, and the applicable law, it is ordered that Plaintiff’s IFP application be granted, but it is recommended that all claims be dismissed with prejudice under 28 U.S.C. § 1915(e)(2)(B). Background The complaint, though captioned by this Court as asserting claims against the U.S. Department of Justice, is actually a “dossier” containing a litany of accusations that Plaintiff submitted to the U.S. Attorney’s Office, apparently in the hopes of prompting an investigation. See generally Dkt. 1; United States District Court Southern District of Texas ENTERED May 18, 2026 Nathan Ochsner, Clerk Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 1 of 15
2 see also id. at 30-31 (requesting “Immediate action” from “Investigators and Attorneys”). The 67-page submission is disjointed, mostly lacks factual particulars, and is peppered with cryptic references to the Masons 1 and the occult, 2 grievances against Plaintiff’s family members, 3 and allusions to threats 4 and danger. 1 See, e.g., id. at 5 (citing as “Evidence immediately available” photos of “Masonic tattoos”), at 34 (alerting “the Maryland Court system that an entire terrorist gang of Masons—operating under the guise of family, federal law enforcement, and the legal profession—has been using their resources, power, and positions within the court system to torture, defraud, extort, and attempt to murder their client: me”), at 35 (accusing attorney James Roberson of “Masonic ritual exposure” by taking “client to horror film”), at 36 (accusing attorneys of being “part of a larger network—a terrorist gang of Masons using their badges, gavels, and professional licenses to: Protect abusers within the fraternal order,” “Silence victims through legal weaponization,” and “Eliminate those who threaten exposure”), at 37 (describing “Howard University” as where “multiple co-conspirators graduated” and is located “blocks from Masonic headquarters”), at 48 (describing “51-year, multi-generational” enterprise as “classic Masonic dagger walking—a highly specific form of ritualistic torture and annihilation for coin and clout”), at 53-54 (explaining “WHAT IS MASONIC DAGGER WALKING?”). 2 See, e.g., id. at 5 (citing photos of “occult library”), at 25 (accusing mother of “ritualistic incantations consistent with occult practices”), at 26 (“Occult Network” and accusing Posey Teresa O’Reilly—Plaintiff’s “best friend since 1987,” of being an “Occult advisor” with “amnesia” and whose role was “child abandonment”), at 32 (“Occult Network: Posey O’Reilly (Crowly/Blavatsky/Pike library); Vivian Clark (“bending children’s fingers back”)), at 33 (mentioning without explanation, photographs of “tattoos, occult library, severed bed”). 3 See, e.g., id. at 14-22 (“Affidavit Regarding Family Pathology” complaining about family members, from characterizing her mother as a “narcissist” who forced her to care for her siblings, deriding her siblings as taking “the role of flying monkeys” whom her mother employed to “[t]orment and extract pain” from her); id. at 26 (noting that parents “had her burial paid for and planned for decades” and “read obituaries daily” which is “consistent with insurance fraud patterns”), at 54 (describing her family as a “DEATH CULT” and her parents as the “HIGH COMMAND”). 4 Dkt. 1 at 24 (noting “Key Evidence” as “Six death threats: Mother screamed ‘I WISH YOU WERE DEAD’ THREE TIMES—twice,” and “2,300+ relatives weaponized; 5+ Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 2 of 15
3 Construed most generously, the document makes sweeping allegations against a long list of individuals and governmental entities—including Montgomery County, Judge Gerald I. Fisher, the District of Columbia Probate Court, employees of the Federal Bureau of Investigation and State Department, Maryland Police Department, several attorneys, family members, and unnamed members of an “occult network”—engaged in a criminal enterprise. See id. at 26-27, 34, 44. This “enterprise” ostensibly existed for 51 years—the entirety of Plaintiff’s lifespan. Id. at 4, 24. Plaintiff alleges that this enterprise is responsible for a laundry list of crimes, including bank and wire fraud, extortion, murder-for-hire, witness tampering, and burglary. See, e.g., id. at 5. Most of these are simply listed in bullet form, accusing various persons—largely her own family members—of committing a combination of those offenses. See, e.g., id. at 57. Her complaint also alludes to an “attorney conspiracy” designed “to destroy” her. See id. at 26, 37, 59. Only a few assertions include enough factual particulars to even discern their premise. Those include a September 22, 2022 raid of Plaintiff’s home by the Montgomery County Police Department. Id. at 25. According to Plaintiff, suspicious deaths”); at 30 (asserting that Plaintiff and her son “remain in imminent danger” because “[t]he threat is ongoing: Eugene Isaac remains free” and “the command structure remains intact”). Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 3 of 15
4 this raid was “weaponized through [her] husband.” Id. at 25. Plaintiff alleges that officers stole money from her “magic book,” staged false evidence, and used excessive force by “deploy[ing] a military-grade three-man pyramid hold on a housewife preparing dinner.” See id. at 25, 39, 42, 45. Another allegation, although facially unrelated, concerns a purported “Murder Attempt” on June 5, 2024, wherein Plaintiff asserts that her own parents directed Eugene Dennis Isaac, a State Department employee, to kill her. See id. at 25. Plaintiff claims that she met Isaac in a parking lot and, when attempting to hug him, felt that he was “wearing a wire and carrying a firearm.” See id. She suggests that Issac is related to the occult. See, e.g., id. at 37 (describing Isaac’s tattoos as having “Egyptian death cult imagery—the hitman’s uniform”). She further claims that her parents arranged for her “pre- paid burial.” Id. at 26. Plaintiff filed this suit on March 30, 2026. Dkt. 1. She primarily asserts a violation of the Racketeer Influence and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962. Plaintiff also brings claims against Montgomery County and several Montgomery County Police Department officers under 42 U.S.C. § 1983, alleging that the officers violated her rights under the Second, Fourth, Fifth, and Fourteenth Amendments. See Dkt. 1 at 30, 43-46. She also invokes various criminal statutes, including attempted murder-for-hire under 18 U.S.C. § 1958, bank fraud under 18 U.S.C. § 1341, and mail fraud under Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 4 of 15
5 18 U.S.C. § 1341. And she mentions—with no factual particulars—a few state tort law claims. See Dkt. 1 at 44. Contemporaneously with the complaint, Plaintiff filed an application to proceed IFP. Dkt. 2. Plaintiff then filed several “emergency” motions requesting a protective order, mandamus relief, witness protection, financial provisions, an asset freeze on all Defendants, that certain Defendants be arrested, and a status hearing. Dkts. 4, 5, 6. This case was then referred to the undersigned. Dkt. 7. Plaintiff also filed an emergency motion for a temporary restraining order (“TRO”) against Eugene Dennis Isaac, mentioning the June 5, 2024 encounter where she maintains that Isaac “attempted to murder” her and demanding that the Court “[d]irect U.S. Marshal Service to provide [her] immediate protection ....” Dkt. 8. All her motions are ripe for resolution. Legal standard Plaintiff’s IFP application is governed by 28 U.S.C. § 1915(a)(1). Section 1915 provides that “[a]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor” upon a showing that “the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 5 of 15
6 But the right to proceed in forma pauperis is not absolute. “Under § 1915(e)(2)(B), the district court is required to dismiss an IFP case ‘at any time’ if it determines that the case is ‘frivolous or malicious’ or ‘fails to state a claim on which relief may be granted.” Doe v. Charter Commc’ns, L.L.C., 131 F.4th 323, 327 (5th Cir. 2025) (quoting 28 U.S.C. § 1915(e)(2)(B)(i), (ii)). This limitation applies equally to prisoner and non-prisoner cases. See Newsome v. E.E.O.C., 301 F.3d 227, 231-33 (5th Cir. 2002) (per curiam) (affirming district court’s dismissal of former employee’s federal claims under 28 U.S.C. § 1915(e)(2) that were both frivolous and “fail[ed] to state a claim”); Walters v. Scott, 2014 WL 5878494, at *1 (S.D. Tex. Nov. 11, 2014) (citing Newsome for this principle). A claim is frivolous when it “lacks an arguable basis either in law or in fact.” Diamond v. City of Rayville, 127 F.4th 935, 938 (5th Cir. 2025) (per curiam) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)). “A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Rogers v. Boatright, 709 F.3d 403, 407 (5th Cir. 2013). “[A] court may dismiss a claim as factually frivolous only if the facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional.” Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (quotations and citations omitted). Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 6 of 15
7 A complaint fails to state a claim upon which relief may be granted if it alleges insufficient facts, when taken as true, to state a basis for relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556); see also, e.g., Amrhein v. United States, 740 F. App’x 65, 66 (5th Cir. 2018) (per curiam) (citing Iqbal for the legal standard governing a court’s sua sponte dismissal of a claim under Section 1915(e)(2)(B)). Pro se pleadings are liberally construed. Butler v. S. Porter, 999 F.3d 287, 292 (5th Cir. 2021) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam)). But “regardless of whether the plaintiff is proceeding pro se or is represented by counsel, conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.” Prescott v. UTMB Galveston Tex., 73 F.4th 315, 318 (5th Cir. 2023) (quoting Taylor v. Books A Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002)); see also Chhim v. Univ. of Tex. at Austin, 836 F.3d 467, 469 (5th Cir. 2016) (per curiam) (“[P]ro se plaintiffs must still plead factual allegations that raise the right to relief above the speculative level.”). Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 7 of 15
8 Analysis Plaintiff moved to proceed IFP. Dkt. 2. Her financial circumstances merit allowing her to proceed without prepaying costs. But this case is clearly frivolous, fails to state a plausible basis for relief, and should be dismissed under 28 U.S.C. § 1915(e)(2)(B). I. The IFP application is granted. Plaintiff filed a motion to proceed in forma pauperis under 28 U.S.C. § 1915, which would allow her to proceed with this case without prepaying fees or costs. Dkt. 2. To proceed without paying the filing fee, an applicant must show that she is financially “unable to pay such fees.” 28 U.S.C. § 1915(a). Although an applicant need not “be absolutely destitute,” she still must demonstrate by affidavit that her financial condition renders her unable to “pay or give security for the costs … and still be able to provide [herself] and [her] dependents with the necessities of life.” Adkins v. DuPont Co., 335 U.S. 331, 339 (1948). After reviewing the application, Dkt. 2, the Court finds that Plaintiff’s financial resources render her unable to afford the costs of this litigation. She is financially eligible to proceed IFP. Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 8 of 15
9 II. Plaintiff’s claims should be dismissed as frivolous and implausible. Plaintiff’s “complaint”—which she labels as “a comprehensive RICO prosecution dossier,” see Dkt. 1 at 4—contains a string of implausible, disjointed allegations. Its fantastical RICO theory about Plaintiff’s family members conspiring with scores of government employees and officials is wholly frivolous. There is equally no basis for Plaintiff to seek direct recovery under the multiple criminal statutes she cites. And none of Plaintiff’s other allegations states a viable claim for relief. This suit should be dismissed as frivolous and implausible. A. Plaintiff’s claims lack any arguable basis in law or fact. Plaintiff’s claims are replete with fantastical and delusional assertions. Others are plainly barred as a matter of law. They merit dismissal under the IFP statute. A complaint must be dismissed as frivolous under Section 1915(e)(2)(B)(i) if “it lacks any arguable basis in law or fact.” Samford v. Dretke, 562 F.3d 674, 678 (5th Cir. 2009) (per curiam) (quotation omitted). “A complaint lacks an arguable basis in fact when the facts alleged are fantastic or delusional scenarios or the legal theory upon which a complaint relies is indisputably meritless.” Id. (quotation omitted); see also Denton, 504 U.S. at Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 9 of 15
10 32 (authorizing dismissal of claims that are “clearly baseless,” such as “claims describing fantastic or delusional scenarios”). “Courts in the Fifth Circuit have found dismissal of RICO claims appropriate where those claims amount only to fantastic or delusional tales of conspiracy.” Burgess v. U.S. Dep’t of Educ., 2017 WL 9250317, at *9 (E.D. Tex. Apr. 21, 2017) (collecting cases), adopted by 2017 WL 2625315 (E.D. Tex. June 19, 2017); see, e.g., Curtis v. Kunz-Freed, 2017 WL 7371194, at *1, 4 (S.D. Tex. May 16, 2017) (“fantastical allegations” that over fifteen defendants, including lawyers, judges, and a court reporter, are members of a secret society to “hijack” “familial wealth” were “clearly frivolous”), aff’d, 726 F. App’x 223 (5th Cir. 2018) (per curiam). That aptly describes Plaintiff’s RICO claim. Plaintiff describes a far-fetched “multi-generational, multi-agency” scheme involving the “systematic extraction of unpaid labor, financial fraud, psychological torture, and ultimately, the ritualistic sacrifice of” her and her son. Dkt. 1 at 48-49. She claims that this enterprise participates in “classic masonic dagger walking,” which Plaintiff describes as a “HIGHLY SPECIFIC form of ritualistic torture and annihilation practiced by certain occult fraternal orders ….” Id. at 48, 53. This enterprise has allegedly existed for Plaintiff’s whole life. Id. at 24 (“I am a 51-year-old ….”), 48. Indeed, the allegations are so fantastical and disparate that it is unclear how to caption the case. The purported defendants seemingly range from Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 10 of 15
11 government employees and lawyers to Plaintiff’s own family members. The pleadings even accuse Plaintiff’s friend of participating in a “humiliation ritual” that consisted of asking about her Thanksgiving plans. Id. at 62-63. Much of the complaint amounts to a tirade about Plaintiff’s family, which she describes as a “death cult.” Id. at 54 (“THIS IS NOT A FAMILY. THIS IS A DEATH CULT.”). Plaintiff refers to her own parents as the “High Command” who have committed a laundry list of criminal offenses that include murder for hire, threats, and involuntary servitude. Id. at 54-55. As “evidence” of her theory that her parents hired a state department employee to murder her, Plaintiff cites Isaac’s “Egyptian Death Tattoo.” Id. at 57. These facially fantastical and delusional assertions should be dismissed. Apart from RICO, Plaintiff appears to seek recovery under multiple criminal-law statutes peppered throughout the complaint. But she has no private right of action to enforce the lion’s share of those statutes. See, e.g., id. at 55 (“Murder-for-Hire 18 U.S.C. § 1958 (ordered hit on daughter)”). “[T]here is no general right to bring a private action under federal criminal statutes.” Tummel v. Milane, 2019 WL 366708, at *6 (S.D. Tex. Jan. 30, 2019) (citing Pierre v. Guidry, 75 F. App’x 300, 301 (5th Cir. 2003) (per curiam)), aff’d, 787 F. App’x 226 (5th Cir. 2019) (per curiam); Leeke v. Timmerman, 454 U.S. 83, 86 (1981) (per curiam) (“[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” (quotation omitted)). And Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 11 of 15
12 the only criminal statute invoked that does provide a private cause of action— 18 U.S.C. § 1584—is clearly frivolous. See 18 U.S.C. § 1595(a) (allowing “victim[s] of a violation of this chapter [to] bring a civil action against the perpetrator”). That theory is lodged against Plaintiff’s own parents for purportedly subjecting her to 22 years of “unpaid labor.” Dkt. 1 at 32 (“Parents 22 years unpaid labor—$30.36 million 18 U.S.C. § 1584”). From what the Court can decipher, this claim refers to Plaintiff’s responsibilities caring for her siblings as a child. See, e.g., id. at 16-17 (“Affidavit regarding family pathology” complaining that Plaintiff was “responsible for all of the childcare, cooking, cleaning, safety, and education needs of” her siblings). Such a claim is frivolous on its face. The Court cannot reasonably interpret Plaintiff’s allegations as anything but fantastical and delusional. As this Court has aptly put, “[a]lthough these matters are real to Plaintiff, the allegations are so fanciful that a reasonable person would find them irrational and completely lacking any factual basis.” Lopez v. Trump, 2025 WL 2933081, at *2 (S.D. Tex. Aug. 25, 2025) (dismissing as frivolous where plaintiff alleged that various world leaders and the United States Army defamed her, participated in sex trafficking, violated her rights, and withheld her inheritance), adopted by 2025 WL 2930300 (S.D. Tex. Oct. 15, 2025). The suit should be dismissed as frivolous under Section 1915(e)(2). Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 12 of 15
13 B. The Section 1983 claims concerning a raid in 2022 are time- barred. The closest this complaint approaches to a logical narrative concerns Plaintiff’s allegations that several Montgomery County Police Department officers violated her constitutional rights during a September 22, 2022 raid on her home. See Dkt. 1 at 25, 43-44. But among other deficiencies, these claims are barred by the statute of limitations. “Although the defense of limitations is an affirmative defense, which usually must be raised by the defendants in the district court, this court has held that the district court may raise the defense sua sponte in an action proceeding under 28 U.S.C. § 1915.” See Gartrell v. Gaylor, 981 F.2d 254, 256 (5th Cir. 1993); see also Gonzales v. Wyatt, 157 F.3d 1016, 1019, 1022 (5th Cir. 1998) (affirming dismissal under Section 1915(e)(2)(B)(i) because suit was barred by statute of limitations). Because federal law does not supply a limitations period for Section 1983 claims, courts apply the forum state’s statute of limitations for personal injury suits. See Edmonds v. Oktibbeha Cnty., 675 F.3d 911, 916 (5th Cir. 2012) (Section 1983). In Texas, personal injury suits have a two-year limitations period. See Tex. Civ. Prac. & Rem. Code § 16.003. Plaintiff’s Section 1983 claims are thus subject to a two-year limitations period. Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 13 of 15
14 Plaintiff filed this suit on March 30, 2026—far more than two years after the raid allegedly occurred. See Dkt. 1 at 25. Her Section 1983 claims are thus time-barred, as a matter of law, and should be dismissed. C. The state law claims should also be dismissed. The complaint mentions certain state-law claims—but no more than that. It lists several “state tort claims”—“false imprisonment, assault, battery, conversion”—without explanation. Id. at 44, 46. And it embeds a bare assertion that Montgomery County could be liable under unspecified “State tort claims” for “Loss of Use of Home.” Id. at 44. These claims are utterly devoid of factual support—let alone factual or legal plausibility. They should likewise be dismissed under 28 U.S.C. § 1915(e)(2)(B). III. All pending motions are denied as moot. Since bringing this suit, Plaintiff has filed (1) a motion for a protective order and mandamus relief, Dkt. 4; (2) a motion requesting witness protection, “Emergency Financial Provisions” of $4.1 million for “51 years of unpaid labor,” a freeze of assets of “All named perpetrators,” and “priority arrests” of various persons, Dkt. 5; (3) a request for an emergency status hearing, Dkt. 6; and (4) a motion for an emergency TRO, Dkt. 8. Because this suit should be dismissed, those remaining motions should be denied as moot. Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 14 of 15
15 Order and Recommendation For the foregoing reasons, it is ORDERED that Plaintiff LaShawn Doree Clark’s request to proceed in forma pauperis (Dkt. 2) be GRANTED. It is RECOMMENDED under 28 U.S.C. § 1915(e)(2)(B) that Plaintiff’s claims be DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim. It is further RECOMMENDED that Plaintiff’s multiple motions for emergency relief and motion for status hearing (Dkts. 4, 5, 6, 8) be DENIED AS MOOT. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on May 18, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge _____________________________________ Yvoon n nn ne Y. Ho United States Magistrate Judge Case 4:26-cv-02539 Document 10 Filed 05/18/26 in TXSD Page 15 of 15
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