CONERLY v. UNITED STATES OF AMERICA

Filing 32

ENTRY - This action is dismissed for lack of jurisdiction. All pending motions, dkt 8 , 9 , 12 , 16 , 20 , 21 , and 26 , are denied as moot. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 10/27/2017. (Attachments: # 1 Western District of Washington Recommendation, # 2 Southern District of Illinois Entry) (Copy mailed to Plaintiffs) (MEJ)

Case 3:17-cv-05708-BHS Document 8 Filed 09/26/17 Page 1 of 4

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL GRIFFITH, et al.,
Plaintiffs,

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CASE NO. 3:17-CV-05708-BHS-JRC
REPORT AND RECOMMENDATION

v.
STATE OF IDAHO, et al.,

NOTED FOR: OCTOBER 13, 2017

Defendants.

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This 42 U.S.C. § 1983 civil rights matter has been referred to the undersigned Magistrate

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Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1,

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MJR 3, and MJR 4. Before the Court is plaintiffs’ complaint. Dkt. 1-1.

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Plaintiffs Michael Griffith, Michael Aaron Bonner, Detrick Curtis Conerly, and John

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Cruz Meno filed this action, stating that their convictions and ongoing incarceration violate their

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5th, 8th, and 14th Amendment rights. They argue that, because they are “sovereign with none to

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govern but themselves,” the trial court and department of corrections had no jurisdiction to

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prosecute them and incarcerate them. However, plaintiffs have not named any defendants

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REPORT AND RECOMMENDATION - 1

Case 3:17-cv-05708-BHS Document 8 Filed 09/26/17 Page 2 of 4

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residing in the Western District of Washington and none of their alleged Constitutional

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violations occurred in Washington. Therefore, the Court recommends dismissing the action

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without prejudice for lack of proper venue. The Court also recommends denying plaintiffs’

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motion to proceed in forma pauperis and plaintiffs’ five other outstanding motions.

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BACKGROUND

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Plaintiffs are all currently housed in the Idaho State Correctional Center. They filed this §

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1983 action and motions to proceed in forma pauperis on September 5, 2017. Dkt. 1. They claim

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that “the Constitution was an AGREEMENT between the government . . . and the people of that

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time,” and that because later generations of Americans did not similarly agree to the

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Constitution, it is not binding on them. Dkt. 1-1 at 7. They argue that, because they have not

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consented to be bound by the Constitution and have “none to govern but themselves,, their

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prosecutions and continued incarcerations violate their civil rights. Id. at 7-8. The Court has not

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granted their motion to proceed in forma pauperis.

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Plaintiffs request combined damages of $5,531,385,000.00. Dkt. 1-1 at 15. They also

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seek a declaration by the Court stating that plaintiffs are sovereigns “with none to govern but

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themselves” and that the Court recognize the trial court had no jurisdiction to incarcerate. Id. at

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1.

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DISCUSSION

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Venue may be raised by the Court sua sponte where the defendant has not filed a

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responsive pleading and the time for doing so has not run. See Costlow v. Weeks, 790 F.2d 1486,

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1488 (9th Cir. 1986). When jurisdiction is not founded solely on diversity, venue is proper in (1)

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the district in which any defendant resides, if all of the defendants reside in the same state; (2)

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the district in which a substantial part of the events or omissions giving rise to the claim

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REPORT AND RECOMMENDATION - 2

Case 3:17-cv-05708-BHS Document 8 Filed 09/26/17 Page 3 of 4

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occurred, or a substantial part of the property that is the subject of the action is situated; or (3) a

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judicial district in which any defendant may be found, if there is no district in which the action

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may otherwise be brought. See 28 U.S.C. § 1391(b). When venue is improper, the district court

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has the discretion to either dismiss the case or transfer it “in the interest of justice.” See 28

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U.S.C. § 1406(a).

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Here, it is clear from plaintiff’s complaint that their claims arise out of conduct occurring

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outside the Western District of Washington. See Dkt. 1-1. Plaintiffs are currently housed in

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Idaho, and they have not named any defendants who appear to be located in the Western District

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of Washington. Therefore, the Court concludes venue is improper.

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Because venue is improper, the Court has the discretion to dismiss or transfer the case.

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See 28 U.S.C. § 1406(a). Having reviewed plaintiffs’ complaint and supporting materials, it

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appears venue would be proper in the District of Idaho. However, because of the nature of

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plaintiffs’ argument, the Court does not believe transferring the case to the District of Idaho

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would serve the ends of justice, as plaintiffs may choose a different forum where proper venue

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can be established.

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Accordingly, the Court recommends this case be dismissed without prejudice, so that
plaintiffs may choose a different, and yet appropriate, forum for their complaint.

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CONCLUSION
The Court recommends the action be dismissed without prejudice for improper venue.

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The Court further recommends denying plaintiffs’ motion to proceed in forma pauperis (Dkt. 1)

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and plaintiffs’ five other outstanding motions (Dkts. 2-6).

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Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the parties shall have

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fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P.

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REPORT AND RECOMMENDATION - 3

Case 3:17-cv-05708-BHS Document 8 Filed 09/26/17 Page 4 of 4

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6. Failure to file objections will result in a waiver of those objections for purposes of de novo

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review by the district judge. See 28 U.S.C. § 636(b)(1)(C). Accommodating the time limit

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imposed by Fed. R. Civ. P. 72(b), the clerk is directed to set the matter for consideration on

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October 13, 2017, as noted in the caption.

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Dated this 26th day of September, 2017.

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A

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J. Richard Creatura
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 4