-DLB Fritz v. Geitner et al, No. 1:2011cv01283 - Document 2 (E.D. Cal. 2011)

Court Description: 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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-DLB Fritz v. Geitner et al Doc. 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 KERRY D. FRITZ, II, 1:11cv01283 AWI DLB 9 10 Plaintiff, FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION 11 v. 12 13 14 TIMOTHY GEITNER, Department of Treasury; HILLARY CLINTON, Secretary of State; DEBRA BOWEN, California Secretary of State, 15 Defendants. 16 / 17 Plaintiff Kerry D. Fritz, II (“Plaintiff”), appearing pro se, filed the instant action on 18 August 3, 2011. Plaintiff paid the filing fee and is therefore not appearing in forma pauperis. 19 DISCUSSION 20 A. Screening Standard 21 “A paid complaint that is ‘obviously frivolous' does not confer subject matter jurisdiction 22 [citation] ....” Franklin v. Murphy, 745 F.2d 1221, 1227 n. 6 (9th Cir.1984) (citing Hagans v. 23 Lavine, 415 U.S. 528, 536-37 (1974)). Such a complaint may be dismissed sua sponte before 24 service of process. Franklin, 745 F.2d at 1127 n 6. Dismissal for lack of subject matter 25 jurisdiction is proper when the federal claim is “so insubstantial, implausible, foreclosed by prior 26 decisions of [the Supreme Court], or otherwise completely devoid of merit as not to involve a 27 28 1 Dockets.Justia.com 1 federal controversy.” Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 89 (1998) (citations 2 and internal quotations omitted). 3 B. 4 Plaintiff’s Allegations Plaintiff names Timothy Geitner of the United States Department of Treasury, United 5 States Secretary of State Hillary Clinton and California Secretary of State Debra Bowen as 6 defendants in this action. Plaintiff claims that these defendants are in default and references the 7 national debt. Plaintiff repeatedly refers to unidentified contracts, secured creditors and the 8 commercial code provisions. He seeks writs of prohibition and mandamus. 9 10 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. 11 12 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. 13 14 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. 15 Plaintiff includes additional allegations regarding the following: (1) a previous district 16 court case; (2) an apparent criminal case in Mojave, California: (3) the Kern County Board of 17 Supervisors; (4) Kern County Counsel; (4) the Kern County Public Defender’s Officer; (5) an 18 Arizona company, E-link Equity; (6) Verizon Wireless termination proceedings; (7) Family 19 Radio & Harold Camping because they “refused to ‘reveal’ [him] as The Son of 20 Lies/Perdition/Man”; (8) Dr. James David Manning of ATLAH Ministries Worldwide; (9) NBC 21 for alleged threats of copyright infringement; (10) the UCLJ; and (11) pornography and dating 22 websites. 23 C. 24 Analysis Although Plaintiff variously refers to default, contracts, secured creditors, commercial 25 codes and federal statutes, Plaintiff’s complaint has no arguable basis in law or fact and is devoid 26 of merit. His claims relative to the national debt are nonsensical and wholly insubstantial. 27 Further, Plaintiff’s complaint appears to cobble together unrelated allegations in an 28 2 1 incomprehensible fashion. The frivolous and insubstantial nature of the instant complaint 2 deprives this Court of subject matter jurisdiction, which cannot be cured by amendment. 3 4 5 CONCLUSION AND RECOMMENDATION For the above reasons, IT IS HEREBY RECOMMENDED that this action be DISMISSED WITH PREJUDICE. 6 These Findings and Recommendations will be submitted to the Honorable Anthony W. 7 Ishii pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) days after 8 being served with these findings and recommendations, Plaintiff may file written objections with 9 the Court. Fed. R. Civ. P. 72(b)(2); Local Rule 304(b). The document should be captioned 10 "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that 11 failure to file objections within the specified time may waive the right to appeal the District 12 Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 14 15 IT IS SO ORDERED. Dated: August 5, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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