SAFARINI v. ASHCROFT et al

Filing 14

MEMORANDUM OPINION AND ORDER: Plaintiff's claims against "Thai Airline International," Ahmed Al-Hajayh, and "Unknown Immigration Officials" for the Kingdom of Thailand are hereby DISMISSED. See document for details. Signed by Judge Randolph D. Moss on 10/10/2017. (lcrdm1, ) Document re-uploaded with a corrected title on 10/12/2017 (tg).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ZAID HASSAN ABD LATIF SAFARINI,
Plaintiff,
v.

Civil Action No. 17-430 (RDM)

JOHN ASHCROFT, Former Attorney
General, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
Plaintiff, appearing pro se, seeks declaratory relief and damages based upon the claim
that he was unlawfully kidnapped when agents from the Federal Bureau of Investigation arrested
him in Bangkok, Thailand. The arrest allegedly took place as Plaintiff was traveling by
commercial flight from Islamabad, Pakistan to his home in Amman, Jordan, with a scheduled
stopover in Bangkok to change aircraft. After the arrest, Plaintiff alleges he was placed on a
private flight from Bangkok to the United States.
Among other defendants, Plaintiff names the operator of the commercial flight, “Thai
Airline International.” 1 Plaintiff alleges no theory for relief against “Thai Airline International,”
but, rather, merely asserts that the airline was “complicit[]” in his arrest during the scheduled
stopover in Bangkok. Dkt. 1 at 6 (Compl. ¶ 17). The Court therefore concludes that Plaintiff has
alleged no plausible claim upon which relief can be granted against “Thai Airline International.”

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The Court previously dismissed Plaintiffs claims against the Government of the Kingdom of
Thailand, the Hashemite Kingdom of Jordan, and the Thailand National Police Agency. Dkt. 12.
The Court further notes that there does not appear to be an entity named “Thai Airline
International.” The Court assumes that Plaintiff intends to refer to Thai Airways International.

28 U.S.C. § 1925(e)(2)(B)(ii). See also Baker v. Dir., U.S. Parole Comm’n, 916 F.2d 725, 726
(D.C. Cir. 1990) (per curiam) (holding that sua sponte dismissals are appropriate where it is
“patently obvious” that a plaintiff “cannot possibly win relief”).
Plaintiff has also named as defendants Ahmed Al-Hajayh, “the Consul and station chief
for the Jordanian Embassy in Pakistan,” Dkt. 1 at 4 (Compl. ¶ 15), and various “Unknown
Immigration Officials” for the “Kingdom of Thailand,” id. at 2. In the Court’s previous Order,
Dkt. 12, the Court directed Plaintiff to (a) provide the Clerk of the Court with addresses or other
information that would permit the Marshals Service to effect service on the individual foreign
defendants; and (b) show cause why the claims against those individuals should not be dismissed
for lack of personal jurisdiction. Plaintiff has failed to respond. As a result, the Court has
insufficient information upon which to effect service, see Gonzalez v. Holder, 763 F. Supp. 2d
145, 148 (D.D.C. 2001) (“Plaintiff is not wholly relieved for his obligation to serve defendants . .
. .”); Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir.1993) (per curiam) (“While in forma
pauperis plaintiffs should not be penalized for a marshal’s failure to obtain proper service, it [is
the plaintiff’s] responsibility to provide proper addresses for service on [the defendants].”), or
exercise personal jurisdiction over the individual foreign defendants, see Frost v. Catholic Univ.
of Am., No. 12-1460, 2013 WL 4129129, at *3 (D.D.C. Aug. 15, 2013) (“[A] plaintiff must
allege specific facts on which personal jurisdiction can be based.”).
Accordingly, on the Court’s own motion, it is hereby

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ORDERED that this action should be, and is hereby, dismissed without prejudice against
“Thai Airline International,” Ahmed Al-Hajayh, and “Unknown Immigration Officials” for the
Kingdom of Thailand.

/s/ Randolph D. Moss
RANDOLPH D. MOSS
United States District Judge
Date: October 10, 2017

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