Askew v. United States ( 2023 )

Case: 22-10914 Document: 00516635646 Page: 1 Date Filed: 02/06/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 22-10914 February 6, 2023
Lyle W. Cayce
Clerk
Desmond L. Askew, Chief Justice Ex Rel.,
Plaintiff—Appellant,
versus
United States of America; State of Texas, a Public Body
Corporate,
Defendants—Appellees.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:22-cv-01596
Before King, Higginson, and Willett, Circuit Judges.
Per Curiam:*
Plaintiff-Appellant Desmond L. Askew filed a complaint against the
State of Texas and the United States, seeking a declaratory judgment that he
is a sovereign citizen—and therefore not subject to the laws of the United
States—because of his purported status as a member of the Yamassee Creek
Nation. The district court dismissed Askew’s complaint with prejudice,
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10914 Document: 00516635646 Page: 2 Date Filed: 02/06/2023
No. 22-10914
finding the complaint failed to “plead sufficient facts for the Court to
determine the relief sought” and that the complaint was “fanciful” and
“without merit.” 1 Askew now appeals.
After reviewing Askew’s submissions and the record, we conclude
that Askew’s complaint, which derives its argument from the so-called
“sovereign citizen movement,” 2 is frivolous and entirely without merit. See
5th Cir. R. 42.2; see also Watson v. Texas State Univ., 829 F. App’x 686(5th Cir. 2020) (dismissing complaint relying on “meritless legal theories
associated with the sovereign citizen movement” as “frivolous and entirely
without merit”).
DISMISSED as frivolous.
1
As a general rule, a district court may dismiss a plaintiff’s complaint for failure to
state a claim sua sponte “as long as the procedure employed is fair to the parties.” Century
Sur. Co. v. Blevins, 799 F.3d 366, 372 (5th Cir. 2015) (citation omitted). Our court has
explained that fairness requires that a litigant receive notice and opportunity to be heard
prior to the dismissal unless the claim is patently frivolous. Id.2
“The sovereign citizen movement is a loose grouping of litigants, commentators,
and tax protesters who often take the position that they are not subject to state or federal
statutes and proceedings.” United States v. Weast, 811 F.3d 743, 746 n.5 (5th Cir. 2016).
2