TePoel v. Obama, et al.

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION. Accordingly, based upon the Report and Recommendation of the Magistrate Judge and upon all of the files, records, and proceedings herein, the Court now makes and enters the following: 1. Magistrate Judge Leo I. Brisbois's Report and Recommendation (Doc. No. 3 ) is ADOPTED. 2. This action is DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915A. 3. Plaintiff Daniel TePoel's petition to seal (Doc. No. 2 ) is DENIED. 4. The Docket, including the Complaint, in this matter shall be UNSEALED, but the exhibits to the Complaint shall remain SEALED as detailed in the Report and Recommendation. Signed by Judge Donovan W. Frank on 08/21/2015. (TSS) (Cc: Daniel TePoel)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Daniel Thomas TePoel, Beneficiary Pre-1933
Private American National Citizen of the
United States,

Civil No. 15-sc-3038 (DWF/LIB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Barack Obama, Trustee, Commander in chief,
United States of America; and Jacob Lew,
Trustee, Secretary of the Treasury,
United States of America,
Defendants.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Leo I. Brisbois dated July 27, 2015. (Doc. No. 3.)
Defendant Daniel TePoel (“TePoel” or “Plaintiff”) filed objections on August 13, 2015.
(See Doc. Nos. 4, 5, 6.) Despite being untimely, the Court considers Plaintiff’s
objections below.
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference. In the Report
and Recommendation, the Magistrate Judge concluded that Plaintiff’s Complaint
contained non-original frivolous claims and failed to state a claim on which relief may be
granted. (Doc. No. 3 at 2.) The Magistrate Judge further concluded that “even taking
TePoel’s non-conclusory allegations in the complaint as true, nothing in Plaintiff’s

Complaint amounts to a violation of federal or state law by defendants Obama and Lew.”
(Id. at 3.) Finally, the Magistrate Judge concluded that Plaintiff’s allegations necessarily
imply that the judgment entered in his criminal case was not valid, which is in violation of
Heck v. Humphrey, 512 U.S. 477 (1994).
Plaintiff appears to generally object to the Magistrate Judge’s recommendation that
this case be dismissed. The undersigned agrees with the Magistrate Judge’s
determination that Plaintiff’s Complaint fails to state a claim for relief and is frivolous.
(See generally Doc. No. 3.) The Court has reviewed Plaintiff’s additional filings.
However, even taking into consideration the additional allegations contained within
Plaintiff’s objections, including the “Fidelity Select Financial Services” analysis, which
Plaintiff appears to assert constitutes consideration for some sort of binding contract,
Plaintiff’s Complaint still would not survive a motion to dismiss for the reasons stated in
the Report and Recommendation. (See id.) The Court thus concludes, as did Magistrate
Judge Brisbois, that Plaintiff’s action is frivolous and fails to state a claim upon which
relief may be granted.
Accordingly, based upon the Report and Recommendation of the Magistrate Judge
and upon all of the files, records, and proceedings herein, the Court now makes and enters
the following:

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ORDER
1.

Magistrate Judge Leo I. Brisbois’s Report and Recommendation (Doc.

No. [3]) is ADOPTED.
2.

This action is DISMISSED WITH PREJUDICE under 28 U.S.C.

§ 1915A.
3.

Plaintiff Daniel TePoel’s petition to seal (Doc. No. [2]) is DENIED.

4.

The Docket, including the Complaint, in this matter shall be UNSEALED,

but the exhibits to the Complaint shall remain SEALED as detailed in the Report and
Recommendation.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 21, 2015

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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