EVERETT v. UNDOCUMENTED ILLEGAL ALIENS MEXICAN INVADING FORCES et al, No. 1:2007cv00624 - Document 22 (M.D.N.C. 2009)
Court Description: RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 4/30/09 that this action against the Republic of Mexico be dismissed at this time. Although Plaintiffs' complaint is inartfully drawn, it is clear that Plaintiffs purpo rt to bring a class action proceeding under Rule 23, Fed. R. Civ. P, on behalf of "recipients" who file "valid proof[s] of Claim" against a requested recovery against the Republic of Mexico of nearly four billion dollars. (Docket No. 1, Complaint 10,12.) Plaintiffs, who proceed pro se, may not maintain a class action lawsuit such as that attempted herein. See Oxendine v. Williams, 509 F.2d 1405 (4th Cir. 1975). All claims against Defendants "Undocumented Illegal Aliens&q uot; and "Mexican Invading Forces" have already been dismissed. Accordingly, final judgment dismissing this action should now be entered. For these reasons, Plaintiff's motion re 21 MOTION for Hearing filed by JOHN EVERETT is DENIED. (Wilson, JoAnne)
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EVERETT v. UNDOCUMENTED ILLEGAL ALIENS MEXICAN INVADING FORCES et al Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JOHN EVERETT, AMPHF, JOHN EVERETT, Business, and JOHN EVERETT, Individually, Plaintiffs, v. UNDOCUMENTED ILLEGAL ALIENS, MEXICAN INVADING FORCES, and THE REPUBLIC OF MEXICO, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:07CV624 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE On review of the file, IT IS RECOMMENDED that this action against the Republic of Mexico be dismissed at this time. Although Plaintiffs’ complaint is inartfully drawn, it is clear that Plaintiffs purport to bring a class action proceeding under Rule 23, Fed. R. Civ. P, on behalf of “recipients” who file “valid proof[s] of Claim” against a requested recovery against the Republic of Mexico of nearly four billion dollars. (Docket No. 1, Complaint ¶¶ 10,12.) Plaintiffs, who proceed pro se, may not maintain a class action lawsuit such as that attempted herein. See Oxendine v. Williams, 509 F.2d 1405 (4th Cir. 1975). Dockets.Justia.com All claims against Defendants “Undocumented Illegal Aliens” and “Mexican Invading Forces” have already been dismissed. Accordingly, final judgment dismissing this action should now be entered. For these reasons, Plaintiffs’ motion for a hearing (Docket No. 21) is DENIED. /s/ P. Trevor Sharp United States Magistrate Judge Date: April 30, 2009 -2-
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