Fritz v. Geitner et al
Filing
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FINDINGS and RECOMMENDATIONS Regarding Dismissal of 1 Action signed by Magistrate Judge Dennis L. Beck on 08/05/2011. Referred to Judge Ishii; Objections to F&R due by 8/22/2011. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KERRY D. FRITZ, II,
1:11cv01283 AWI DLB
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Plaintiff,
FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION
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v.
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TIMOTHY GEITNER, Department of
Treasury; HILLARY CLINTON, Secretary
of State; DEBRA BOWEN, California
Secretary of State,
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Defendants.
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/
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Plaintiff Kerry D. Fritz, II (“Plaintiff”), appearing pro se, filed the instant action on
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August 3, 2011. Plaintiff paid the filing fee and is therefore not appearing in forma pauperis.
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DISCUSSION
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A.
Screening Standard
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“A paid complaint that is ‘obviously frivolous' does not confer subject matter jurisdiction
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[citation] ....” Franklin v. Murphy, 745 F.2d 1221, 1227 n. 6 (9th Cir.1984) (citing Hagans v.
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Lavine, 415 U.S. 528, 536-37 (1974)). Such a complaint may be dismissed sua sponte before
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service of process. Franklin, 745 F.2d at 1127 n 6. Dismissal for lack of subject matter
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jurisdiction is proper when the federal claim is “so insubstantial, implausible, foreclosed by prior
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decisions of [the Supreme Court], or otherwise completely devoid of merit as not to involve a
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federal controversy.” Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 89 (1998) (citations
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and internal quotations omitted).
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B.
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Plaintiff’s Allegations
Plaintiff names Timothy Geitner of the United States Department of Treasury, United
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States Secretary of State Hillary Clinton and California Secretary of State Debra Bowen as
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defendants in this action. Plaintiff claims that these defendants are in default and references the
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national debt. Plaintiff repeatedly refers to unidentified contracts, secured creditors and the
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commercial code provisions. He seeks writs of prohibition and mandamus.
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Plaintiff alleges that Defendant Geitner and others failed to help him “activate proper
accounts” in relation to an original claim regarding the national debt. Complaint, p. 7.
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Plaintiff alleges that Defendant Clinton and the FBI, the Secret Service and the Marshal’s
Service failed to “protect” him as a secured party creditor. Complaint, p. 8.
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Plaintiff alleges that Defendant Bowen failed to provide him with a “state-issued ‘badge’
of authority and ‘exempt’ license plates for vehicles.” Complaint, p. 10.
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Plaintiff includes additional allegations regarding the following: (1) a previous district
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court case; (2) an apparent criminal case in Mojave, California: (3) the Kern County Board of
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Supervisors; (4) Kern County Counsel; (4) the Kern County Public Defender’s Officer; (5) an
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Arizona company, E-link Equity; (6) Verizon Wireless termination proceedings; (7) Family
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Radio & Harold Camping because they “refused to ‘reveal’ [him] as The Son of
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Lies/Perdition/Man”; (8) Dr. James David Manning of ATLAH Ministries Worldwide; (9) NBC
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for alleged threats of copyright infringement; (10) the UCLJ; and (11) pornography and dating
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websites.
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C.
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Analysis
Although Plaintiff variously refers to default, contracts, secured creditors, commercial
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codes and federal statutes, Plaintiff’s complaint has no arguable basis in law or fact and is devoid
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of merit. His claims relative to the national debt are nonsensical and wholly insubstantial.
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Further, Plaintiff’s complaint appears to cobble together unrelated allegations in an
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incomprehensible fashion. The frivolous and insubstantial nature of the instant complaint
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deprives this Court of subject matter jurisdiction, which cannot be cured by amendment.
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CONCLUSION AND RECOMMENDATION
For the above reasons, IT IS HEREBY RECOMMENDED that this action be
DISMISSED WITH PREJUDICE.
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These Findings and Recommendations will be submitted to the Honorable Anthony W.
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Ishii pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) days after
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being served with these findings and recommendations, Plaintiff may file written objections with
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the Court. Fed. R. Civ. P. 72(b)(2); Local Rule 304(b). The document should be captioned
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"Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
August 5, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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