Anderson v. United States Of America et al, No. 4:2021cv01889 - Document 3 (S.D. Tex. 2021)
Court Description: MEMORANDUM OPINION AND ORDER - The civil action filed by Brent Eugene Anderson(TDCJ #1474470) is DISMISSED with prejudice as frivolous. The dismissal will count as a STRIKE for purposes of 28 U.S.C. § 1915(g)...*** Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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Anderson v. United States Of America et al Doc. 3 United States District Court Southern District of Texas ENTERED June 14, 2021 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BRENT EUGENE ANDERSON, TDCJ #1474470, Petitioner, v. § § § § § § UNITED STATES OF AMERICA, 1 et al., Respondents.. Nathan Ochsner, Clerk § CIVIL ACTION NO. H-21-1889 § § § § MEMORANDUM OPINION AND ORDER The petitioner, Brent-Eugene: Anderson, also known as Brent Eugene Anderson (TDCJ #1474470), is currently incarcerated in the Texas Department of Criminal Justice - Correctional Institutions Division. Anderson has filed a Letter of Notice ("Notice") seeking enforcement of a Private Treaty of Peace 2020 ("Private Treaty") by federal officials (Docket Entry No. 1, pp. 2-3). Because Anderson filed this civil action while incarcerated, the court required to scrutinize the pleadings and dismiss the case if it determines that the action is (1) "frivolous, malicious, or fails to state a claim upon which relief may be granted;" or (2) "seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. The petitioner does not identify a respondent, but his submission lists United States Secretary of State Antony J. Blinken and United States Marshal for the Southern District of Texas T. Michael O'Conner "or his successor" (Docket Entry No. 1, pp. 2-3). 1 Dockets.Justia.com § 1915A(b). The court concludes that this case must be dismissed for the reasons explained below. I. Discussion Anderson demands enforcement of a Private Treaty that is attached to the Notice. 2 The Private Treaty, which appears to consist of a document that was downloaded from the internet, purports to be "By and Between Gene Stanaker, Phillip Hudok, Arnie Rosner, Alicia Lutz-Rolow, Leonard Frank house of Harview, Keith Lawrence Moore and any and all natural born men/women so opting in by Free-will of choice (born on the soil of the United States of America to a father and/or mother who is natural born or naturalized by and through lawful means) and the United States of America 113 Anderson appears to believe that the Private Treaty affords relief to anyone who opts in to an "Arbitration Award" similar to other documents that have been discredited by the courts. See Martinez v. Trump, 20-CV-9651 (CM), 2021 WL 797645, at * 1, n.1 (S.D.N.Y. Feb. 26, 2021) (citations omitted) (rejecting an inmate's proof of claim based on a plainly invalid arbitration award from the Sitcomm Arbitration Association). According to the Notice, Anderson demands the immediate enforcement of a provision outlining "AFFIRMATIVE RELIEF" under the See Private Treaty, attached to Notice, Docket Entry No. 1, pp. 4-11. 2 3 Id. at 6. -2- The relief referenced terms of the Private Treaty. 4 this provision includes unconditional release from detention for any incarcerated benef iary, the dismissal of all pending legal actions and previously adjudicated cases, freedom from retaliation, and the return of all seized real and personal property, among other things. 5 The Private Treaty also purports to grant monetary relief through enforcement of a provision that requires the United States to pay a "contractual penalty at a rate of $777 per diem per party starting on the ninth day of January, in the Year of our Creator two thousand nineteen up until the twenty first day of January, the year of our Creator two thousand nineteen, continuing and accruing per diem at the rate of $777 per party until full payment, settlement and closure. " 6 The provision further authorizes an immediate payment of $10,101. 7 The Private Treaty, which purports to be "fully and completely perpetual, and completely and wholly binding upon any and all assigns, agents and successors regardless of form and format, 11 states that it is enforceable by the "United States of America Marshal Service[.] p. 118 4 See Notice, Docket Entry No. 1, p. 5 See Private Treaty, attached to Notice, Docket Entry No. 1, 8. at 10. 7 Id. 8 Id. at 11. 3- 2 Anderson's request for enforcement could be construed to arise under the federal mandamus statute, which provides that district courts shall have "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff." 28 U.S.C. § 1361. The Private Treaty that Anderson seeks to enforce, however, bears no hallmarks of a legally binding Anderson does document that has been implemented for his benefit. not reference any other authority for his claim that he is entitled to rights under the Private Treaty that he presents. A claim may be dismissed as frivolous when it arguable basis in law or in fact." "lacks an Neitzke v. Williams, 109 S. Ct. 1827, 1831-32 (1989); see also Denton v. Hernandez, 112 1728, 1733 (1992). "indisputably s. Ct. Because the claims in this case are based·on an meritless legal theory," this dismissed as frivolous pursuant to 28 U.S.C. action § will 1915A{b). be See Neitzke, 109 S. Ct. at 1833; see also Renaud v. Trump, 1:21 CR-1023 (LTS), 2021 WL 2337655, at *2-3 (S.D.N.Y. June 7, 2021) (dismissing similar claims as frivolous). II. Conclusion and Order Based on the foregoing, the court ORDERS as follows: 1. The civil action filed by Brent Eugene Anderson (TDCJ #1474470) is DISMISSED with prejudice as frivolous. 2. The dismissal will count as a STRIKE for purposes -4- of 28 U.S.C. § 1915(g). The Clerk is directed to provide a copy of this Memorandum Opinion and Order to the plaintiff. The Clerk will also send a copy of this Order to (1) the TDCJ - Office of the General Counsel, Capitol Station, P.O. Box 13084, Austin, Texas 78711; and (2) the Manager of Three Strikes List at Three_Strikes@txs.uscourts.gov. SIGNED at Houston, Texas, on this 14th day of June, 2021. SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE 5-
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