United States of America et al v. Kelley et al

Filing 40

ORDER denying 36 Motion to Vacate; denying 38 Motion to Transfer Case; denying 39 Motion to Vacate, signed by Judge Benjamin H. Settle. This matter remains closed, and the clerk is directed not to accept any further filings in it, other than a notice of appeal. (KMC)

Case 3:18-cv-06051-BHS Document 40 Filed 09/08/21 Page 1 of 3

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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UNITED STATES OF AMERICA, ex
rel DAVID GOLDEN

CASE NO. C18-6051BHS
ORDER

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Plaintiff,
v.

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TROY X. KELLEY, et al.,
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Defendants.
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THIS MATTER is before the Court on Plaintiff David Golden’s “Motion to

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Vacate Judgment as per CR 60,” Dkt. 36, “Motion to Transfer Case Jurisdiction and

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Venue,” Dkt. 38, and “Motion to Vacate,” Dkt. 39, which is in fact a Reply to his own

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motion.
This matter was filed a as proposed qui tam case in December 2018. Dkt. 1. The
United States Declined to Intervene, Dkt. 10, and asked this Court1 to Dismiss the case,

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This case was reassigned to the undersigned following the Honorable Ronald B.
Leighton’s retirement from the federal bench. Dkt. 37.

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ORDER - 1

Case 3:18-cv-06051-BHS Document 40 Filed 09/08/21 Page 2 of 3

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Dkt. 13. The Court granted the motion and dismissed the case without prejudice, Dkt. 16,

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and entered a judgment, Dkt. 18.

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Undeterred, Golden filed subsequent motions to amend the judgment, Dkt. 21, to

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vacate the judgment, Dkt. 22, for sanctions, Dkt. 23, and a supplemental motion to

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vacate, Dkt. 24. The Court denied the motions, Dkt. 25, and Golden appealed in July

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2019, Dkt. 26. The Ninth Circuit affirmed the dismissal, finding that the “questions raised

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in this appeal are so insubstantial as not to require further argument.” Dkt. 31. On May

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22, 2020, it denied Golden’s Motion for Reconsideration. Dkt. 33. Golden’s Petition for a

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writ of mandamus or prohibition before the Supreme Court was rejected. In re Golden,

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___ U.S. ___, 141 S. Ct. 464 (Mem) (2020).
Golden acknowledges that this case has long since been dismissed and closed and

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that his appeals have been rejected, but explains that the Supreme Court erred, apparently

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as part of a conspiracy against him:

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The dismissal was appealed, but the U.S. Supreme Ct. refused to apply its
own binding case law, and dismissed the appeal on 10/5/20, thereby
denying Plaintiff restitution or even a hearing for contract fraud, so the
Defendants could corruptly launder more tax money. While on appeal,
Democrats and Republicans (ie., the Defendants) used the CIA and media
to launch a Counterintelligence operation against Plaintiff (the CIA quidpro-quo whistleblower impeachment hearings), which yielded no tangible
results.

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Dkt. 36 at 5. He asks this Court to vacate its own orders and award him the relief he
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sought in his initial complaint, which, according to his civil cover sheet, is
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$1,000,000,000.00. Dkt. 1-1.
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ORDER - 2

Case 3:18-cv-06051-BHS Document 40 Filed 09/08/21 Page 3 of 3

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Golden’s claims were and are facially frivolous, and his motions to resurrect this

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closed case are both untimely and unavailing. All are DENIED. This matter remains

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closed, and the Clerk is directed not to accept any further filings in it, other than a notice

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of appeal.

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IT IS SO ORDERED.

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Dated this 8th day of September, 2021.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 3