United States District Court, E.D. North Carolina, Western Division
LOUISE W. FLANAGAN, District Judge.
This matter comes now before the court on the motion to dismiss filed by defendants United States of America ("United States") and the Federal Reserve ("Federal Reserve") (collectively, "Federal Defendants") (DE 10). The motion has bee fully briefed, and the issues raised are ripe for adjudication. For reasons given, the court grants the motion to dismiss, and directs plaintiff to file a particularized amended complaint.
STATEMENT OF THE CASE
Filing pro se, plaintiff commenced this action on March 28, 2014, with a 75 page "Counter Claim & Cross Claim, " construed as a complaint, alleging defendants' use of a "series of claims/causes... either to deprive [plaintiff] of his rights to life, liberty and property... or in the extreme, plunder" the plaintiff. (Compl., ¶ 6(c). On June 4, 2014, Federal Defendants filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(5) and 12(b)(6) (DE 9). Plaintiff has responded in opposition, and Federal Defendants replied. On June 28, 2014, plaintiff filed an addendum to his affidavit in opposition to the motion to dismiss.
STATEMENT OF FACTS
As is relevant to Federal Defendants, the complaint alleges that plaintiff was "immediately deprived of all property" upon his birth in 1967, by virtue of the Emergency Banking Act of 1933. (Compl. at ¶ III.6(c)). He further alleges that, while defendant Federal Reserve has "plundered the people of this nation... by deceitfully forming a monopoly in banking, " in fact "an American who issues a promissory note is also a bank' and a banker' and if he/she is an American National then that person is a national bank' and that person's promissory notes are National Bank Notes authorized under 31 U.S.C. [§] 5103 to be legal tender.'" (Id. at ¶ III.6(d)). Plaintiff alleges that he exercised his right to "just compensation" by issuing his own negotiable instruments and promissory notes, but was prevented from doing so by defendants. (Id.). Plaintiff further alleges that defendant United States "has arrested, jailed, prosecuted and sentenced to prison [plaintiff] through methods of coercion." (Id. at ¶ III.6(e)).
Plaintiff's complaint asserts 52 "causes of action" pertaining to these activities. "Causes" 15-18 and 24-52 all appear to be directed at defendant North Carolina or its agents. On those causes at issue in the instant motion, plaintiff alleges that defendant Federal Reserve engaged in a series of fraudulent activities by reversing plaintiff's payments for child support, automotive services, and the purchase of a motorcycle, ranging from December 2008 to January 2009. Plaintiff also alleges that he is party to a contract with defendants, and that defendants violated the contract "by failing to acknowledge the validity of the negotiable instruments issued by [plaintiff] and by further prosecuting [plaintiff]." (Compl., ¶ IV.26).
Plaintiff, who alleges that he has type 1 diabetes, also states that defendant United States, through its agents, "failed to allow or refused to allow" him to receive insulin until he agreed to state that he understood the charges made against him. (Id. ¶ IV.23). Finally, plaintiff alleges that defendant United States, through the Bureau of Prisons ("BOP"), denied him eye care, dental care, and insulin for his diabetes, and refused to allow him to communicate with his father before his father died.
Plaintiff asserts 22 "claims" related to these "causes, " including misprision of a felony, 18 U.S.C. § 4; violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968; criminal conspiracy to deprive rights, 18 U.S.C. § 241; deprivation of rights under color of law, 18 U.S.C. § 242; violations of civil rights under 42 U.S.C. §§ 1983, 1985, 1986, and 1988; abuse of process, assault, battery, excessive bail, false accusation, failure to identify, fraudulent bond, intentional infliction of emotional and financial distress, malicious prosecution, negligence, negligent infliction of emotional distress, and unlawful seizure of property. (Id. at ¶ III.6(w)). He does not specify how these "claims" are linked to his 52 "causes."
For his injuries, plaintiff seeks relief including that the court order Federal Defendants to recognize plaintiff "as their Creditor with all rights due a Creditor, " (Compl. ¶ XXX(b)), to honor his promissory notes, and to expunge past charges. Plaintiff also seeks damages approximating $28 billion, and asks that the court grant "such other and further relief as to the Court may seem just and proper." (Compl., ¶ XXX(m)).
The public record provides some context for the complaint. Plaintiff is a convicted felon, having pleaded guilty on March 14, 2011, to one count of mail fraud for using the mail to place a counterfeit money order to North Carolina Child Support Centralized Collections. United States v. Johnson, No. 4:10-CR-95, E.D. N.C. Plaintiff was sentenced July 7, 2011, to 16 months' imprisonment with credit for time served in state custody. His active federal sentence was discharged September 4, 2012, and he is presently on supervised release. Plaintiff did not appeal his conviction or sentence. Rather, he filed a motion to vacate pursuant to 28 U.S.C. § 2255, which was dismissed on March 25, 2014.
Plaintiff also has two state court convictions, for obtaining property by false pretense, and forgery of an instrument and worthless check, related to a transaction involving a motorcycle in 2009. North Carolina v. Johnson, No. 09-CRS-52519 and No. 09-CRS-52520 (Iredell Cnty. Sup.Ct.).
A. Standard of ...