Holger v. Lew

Filing 4

ORDER PERMITTING AMENDED COMPLAINT; dismissed with leave to amend 1 Complaint; amended complaint due by 5/6/2015. Signed by Judge Timothy M. Burgess on 4/6/15. (RMC, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

LOUIS HOLGER, a/k/a LOUIS
HOLGER EKLUND, 1
Plaintiff,
vs.
JACOB JOSEPH LEW,
Case No. 3:15-cv-00046-TMB
Defendant.
ORDER PERMITTING AMENDED COMPLAINT
Filing this case without an attorney, under the name “Louis Holger,” the
Plaintiff titles his Complaint “Libel of Review” and notes that this is a “common
law counterclaim in admiralty – notice lis pendens and – verified statement of
right – RE: God-given unalienable rights in the original estate – Article III;
Constitution.” 2
When a plaintiff is self-represented, the Court is obligated to liberally
construe pleadings and to give the plaintiff the benefit of the doubt. 3 However,
“[i]f the court determines at any time that it lacks subject-matter jurisdiction, the

1

Docket 1 at 1 (“legal names (Louis H. EKLUND, LOUIS HOLGER EKLUND . . . etc.)”).

2

Id.

3

See Hebbe v. Plier, 627 F.3d 338, 342 (9th Cir. 2010) (“[O]ur ‘obligation’ remains [after
Ashcroft v. Iqbal, 556 U.S. 662 (2009)], ‘where the petitioner is pro se, particularly in
civil rights cases, to construe the pleadings liberally and to afford the petitioner the
benefit of any doubt.’”) (citation omitted); Pagayon v. Holder, 675 F.3d 1182, 1188 (9th
Cir. 2011) (“We are particularly careful to give claims raised by pro se petitioners their
most liberal construction.”) (citation omitted).

court must dismiss the action.” 4 Unfortunately, the Court cannot understand the
Complaint; therefore, it cannot determine if it has jurisdiction to hear the case. 5
Plaintiff has brought suit against Jacob Joseph Lew, 6 the Secretary of the
United States Treasury. 7 Plaintiff claims that Lew “has been making false claims
and this counterclaim and notice lis pendens are now in the ‘exclusive original
cognizance’ of the United States through the district court - see the First Judiciary
Act of September 24, 1789, Chapter 20, page 77.” 8
In his Complaint, Plaintiff writes about kidnap and theft, treason, the
“saving to suitors” clause, Article III judges researching cases in chambers, the
Thirteenth Amendment, parental rights, vaccinations, the spelling of the last

4

Fed. R. Civ. P. 12(h)(3) (emphasis added); see also Ruhrgas AG v. Marathon Oil Co.,
526 U.S. 574, 583 (1999) (“Subject-matter limitations on federal jurisdiction . . . keep the
federal courts within the bounds the Constitution and Congress have prescribed.
Accordingly, subject-matter delineations must be policed by the courts on their own
initiative even at the highest level.”) (citing Rule 12(h)(3)) (additional citations omitted);
United States v. Hays, 515 U.S. 737, 742 (1995) (“The federal courts are under an
independent obligation to examine their own jurisdiction[.]”) (citation omitted);
Washington Environmental Council v. Bellon, 732 F.3d 1131, 1139 (9th Cir. 2013) (“[A]
jurisdictional defect . . . may be raised at any time during the proceedings[.]”) (citations
omitted).
5

See Black’s Law Dictionary (10th ed. 2014) (Jurisdiction is “[a] court’s power to decide
a case or issue a decree”).
6

Docket 1 at 1.

7

http://www.treasury.gov/about/Pages/Secretary.aspx.

8

Docket 1 at 1.

3:15-cv-00046-TMB, Holger, a/k/a Eklund v. Lew
Order Permitting Amended Complaint
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name of his child, private credit from the Federal Reserve, the national debt, and
ownership of his house and property. 9
Plaintiff’s attachments to his Complaint include documents related to his
child’s vaccinations, 10 general health, 11 and his intention not to register the birth
of his child. 12 Plaintiff also attaches a statement regarding his attempts to secure
information in state criminal case number 2KB-15-00033CR. 13 And Plaintiff
attaches an affidavit stating that he has unsuccessfully attempted to obtain the
oaths of office for various judges and other public servants. 14
Rule 8 of the Federal Rules of Civil Procedure provides that a complaint
“must contain . . . a short and plain statement of the claim showing that the
pleader is entitled to relief.” 15 And “Rule 8 . . . demands more than an
unadorned, the-defendant-unlawfully-harmed-me accusation.” 16 The Complaint
filed by Plaintiff in this case does not meet the requirements of Rule 8; it fails to
9

Id. at 2-4.

10

Docket 1-1 at 1.

11

Id. at 2-3.

12

Docket 1-2 at 1.

13

Id. at 2.

14

Id. at 3-4.

15

Fed. R. Civ. P. 8(a)(2); see also Black’s Law Dictionary (A complaint is the “initial
pleading that starts a civil action and states the basis for the court’s jurisdiction, the
basis for the plaintiff’s claim, and the demand for relief.”).

16

Iqbal, 556 U.S. at 678 (citation omitted).

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“contain sufficient factual matter, accepted as true, to ‘state a claim to relief that
is plausible on its face.’” 17 Unfortunately, the Court does not understand it.
Finally, “a complaint . . . is frivolous where it lacks an arguable basis either
in law or in fact.” 18 A complaint may be dismissed as frivolous if it “merely
repeats pending or previously litigated claims.” 19 “Factual frivolousness includes
allegations that are clearly baseless, fanciful, fantastic, or delusional.” 20
Amending Complaint
It appears that the Complaint may be frivolous. Nevertheless, Plaintiff will
be permitted to amend his Complaint to clearly state cognizable federal claims
against an appropriate Defendant. In an Amended Complaint, Plaintiff must
state, specifically, what the Defendant did or did not do which he believes
violated his federal rights, how he was harmed, and what specific relief he seeks
from the Court – whether in the form of damages or injunctive relief.
The Court is sending a form upon which Plaintiff must amend his
Complaint in compliance with this Order. In completing this form, Plaintiff must
give dates and facts in support of each claim – i.e., he must state what
happened, who was involved, how they were involved, when the events
17

Id. (citation omitted).

18

Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also Martin v. Sias, 88 F.3d 774,
775 (9th Cir. 1996); Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995).
19

Cato, 70 F.3d at 1105 n. 2 (citations and internal quotations omitted).

20

Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (citing Neitzke, 490 U.S. at 325,
327, 328).

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occurred, where those events occurred, how he was hurt, and what the injuries
were. Plaintiff should state the facts in his own words, as if he were briefly and
concisely telling someone what happened. The facts must specifically allege how
the Defendant has harmed him. Plaintiff must avoid stating conclusions. 21 Later,
if the claims proceed before the Court on the merits, at the discretion of the
Court, Plaintiff may be given an opportunity to file a brief on the issues in which
he may more thoroughly argue the case. 22
The Amended Complaint must be complete in itself without reference to
any prior pleading. 23 Thus, in his Amended Complaint, Plaintiff should make no
reference to the initial Complaint or other extraneous documents.
IT IS THEREFORE ORDERED:
1.

The Complaint, at Docket 1, is DISMISSED with leave to amend.

2.

On or before May 6th, 2015, Plaintiff must file an Amended Complaint on

the form provided by the Court. Plaintiff must specifically state the source of this
Court’s jurisdiction over his case, and clearly state a plausible federal claim for
relief against an appropriate Defendant.
21

See Iqbal, 556 U.S. at 678-79.

22

Black’s Law Dictionary (A brief is a “written statement setting out the legal contentions
of a party in litigation . . . consisting of legal and factual arguments and the authorities in
support of them.”).
23

See D.Ak.LR 15.1(3); but see Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir.
2012) (“For claims dismissed with prejudice and without leave to amend, we will not
require that they be repled in a subsequent amended complaint to preserve them for
appeal. But for any claims voluntarily dismissed, we will consider those claims to be
waived if not repled.”) (citation omitted).

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3.

The Clerk of Court will send Plaintiff a form PS22, Complaint, with this

Order.
4.

Plaintiff is warned that, if Defendant prevails in this action, Plaintiff may be

ordered to pay costs and attorney’s fees to Defendant. 24
5.

So in the alternative, Plaintiff may file the enclosed Notice of Voluntary

Dismissal, without prejudice, on or before May 6th, 2015.
6.

The Clerk of Court is directed to send form PS09, Notice of Voluntary

Dismissal, to Plaintiff with this Order.
7.

No further action will be taken in this case until Plaintiff fully complies with

this Order. If Plaintiff fails to comply with this Order, this action may be
dismissed without further notice.
8.

The Clerk of Court is directed to send the District Court’s handbook,

“Representing Yourself in Alaska’s Federal Court,” to Plaintiff with this Order.
DATED at Anchorage, Alaska this 6th day of April, 2015.
/s/ Timothy M. Burgess
TIMOTHY M. BURGESS
U. S. DISTRICT JUDGE

24

See Fed.R.Civ.P. 54(d).

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