Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Holger v. Lew

United States District Court, D. Alaska

April 6, 2015

LOUIS HOLGER, a/k/a LOUIS HOLGER EKLUND, [1] Plaintiff,
v.
JACOB JOSEPH LEW, Defendant.

ORDER PERMITTING AMENDED COMPLAINT

TIMOTHY M. BURGESS, District Judge.

Filing this case without an attorney, under the name "Louis Holger, " the Plaintiff titles his Complaint "Libel of Review" and notes that this is a "common law counterclaim in admiralty - notice lis pendens and - verified statement of right - RE: God-given unalienable rights in the original estate - Article III; Constitution."[2]

When a plaintiff is self-represented, the Court is obligated to liberally construe pleadings and to give the plaintiff the benefit of the doubt.[3] However, "[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."[4] Unfortunately, the Court cannot understand the Complaint; therefore, it cannot determine if it has jurisdiction to hear the case.[5]

Plaintiff has brought suit against Jacob Joseph Lew, [6] the Secretary of the United States Treasury.[7] Plaintiff claims that Lew "has been making false claims and this counterclaim and notice lis pendens are now in the exclusive original cognizance' of the United States through the district court - see the First Judiciary Act of September 24, 1789, Chapter 20, page 77."[8]

In his Complaint, Plaintiff writes about kidnap and theft, treason, the "saving to suitors" clause, Article III judges researching cases in chambers, the Thirteenth Amendment, parental rights, vaccinations, the spelling of the last name of his child, private credit from the Federal Reserve, the national debt, and ownership of his house and property.[9]

Plaintiff's attachments to his Complaint include documents related to his child's vaccinations, [10] general health, [11] and his intention not to register the birth of his child.[12] Plaintiff also attaches a statement regarding his attempts to secure information in state criminal case number 2KB-15-00033CR.[13] And Plaintiff attaches an affidavit stating that he has unsuccessfully attempted to obtain the oaths of office for various judges and other public servants.[14]

Rule 8 of the Federal Rules of Civil Procedure provides that a complaint "must contain... a short and plain statement of the claim showing that the pleader is entitled to relief."[15] And "Rule 8... demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation."[16] The Complaint filed by Plaintiff in this case does not meet the requirements of Rule 8; it fails to "contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'"[17] Unfortunately, the Court does not understand it.

Finally, "a complaint... is frivolous where it lacks an arguable basis either in law or in fact."[18] A complaint may be dismissed as frivolous if it "merely repeats pending or previously litigated claims."[19] "Factual frivolousness includes allegations that are clearly baseless, fanciful, fantastic, or delusional."[20]

Amending Complaint

It appears that the Complaint may be frivolous. Nevertheless, Plaintiff will be permitted to amend his Complaint to clearly state cognizable federal claims against an appropriate Defendant. In an Amended Complaint, Plaintiff must state, specifically, what the Defendant did or did not do which he believes violated his federal rights, how he was harmed, and what specific relief he seeks from the Court - whether in the form of damages or injunctive relief.

The Court is sending a form upon which Plaintiff must amend his Complaint in compliance with this Order. In completing this form, Plaintiff must give dates and facts in support of each claim - i.e., he must state what happened, who was involved, how they were involved, when the events occurred, where those events occurred, how he was hurt, and what the injuries were. Plaintiff should state the facts in his own words, as if he were briefly and concisel y telling someone what happened. The facts must specifically allege how the Defendant has harmed him. Plaintiff must avoid stating conclusions.[21] Later, if the claims proceed before the Court on the merits, at the discretion of the Court, Plaintiff may be given an opportunity to file a brief on the issues in which he may more thoroughly argue the case.[22]

The Amended Complaint must be complete in itself without reference to any prior pleading.[23] Thus, in his Amended Complaint, Plaintiff should make no reference to the initial Complaint or other extraneous documents.

IT IS THEREFORE ORDERED:

1. The Complaint, at Docket 1, is DISMISSED with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.