Arunga v. Clinton

77 Fed. Cl. 120, 2007 U.S. Claims LEXIS 181, 2007 WL 1740032
CourtUnited States Court of Federal Claims
DecidedJune 14, 2007
DocketNo. 07-358C
StatusPublished

This text of 77 Fed. Cl. 120 (Arunga v. Clinton) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arunga v. Clinton, 77 Fed. Cl. 120, 2007 U.S. Claims LEXIS 181, 2007 WL 1740032 (uscfc 2007).

Opinion

ORDER

HORN, Judge.

FINDINGS OF FACT

The plaintiff, James A. Arunga, filed a 38-page complaint in this court on June 6, 2007, together with an application to proceed In Forma Pauperis. In his In Forma Pauperis [121]*121application, plaintiff describes the nature of his action as a “Civ Class Action Collateral Deterrent Retribution(s) to, collectively, enumerated defendants. United States Constitution, Article VI, Section 2; Habeas Corpus de jure.” Among plaintiffs allegations are: that defendants “creat [sic] criminal activities and civil violations, against plaintiff, Arunga, and all others, similarly, situated to issue[.]” Plaintiff requests that the court grant him a federal civil class action and seeks judgment for $1.5 billion in actual and punitive damages.

In his complaint, Mr. Arunga lists more than two, single-spaced typed pages of co-plaintiff parties. The list includes: “U.S. Commander-in-Chief & Common Defense National Security Deterrent Program Retributions (to the World Common Enemy or Enemies and Warmongers)”; “extant species of We the people of the United States’ of America”; a former Speaker of the United States House of Representatives; a former Majority Leader of the United States Senate; and the government of every State, Territory and Commonwealth in the United States; as well as “all others similarly-situated.”

Defendants, as listed by the plaintiff, number well over 162 persons/entities and are listed on over ten, single-spaced typed pages. Federal-party defendants include former President William Jefferson Clinton; several members of the United States House of Representatives and United States Senate; officials of a United States Court of Appeals; officials at federal government agencies; several sitting justices on the United States Supreme Court; and several representatives governmental and non-governmental “Mail-Carriers/Deliverers.” State defendants listed by the plaintiff include state judiciary branches; several state legislatures and legislators; two county boards of commissioners; a city government; and several local emergency medical services (EMS) and fire departments. Private-party defendants include representatives of private, nongovernmental corporations; private, non-governmental businesses and corporations; private, non-governmental publication companies; a private, non-governmental financial lender; a private, non-governmental energy utility; a private, non-governmental insurance marketer and administrator; several private, non-governmental family planning clinics; private, non-governmental universities, research institutes, and university professors; several private labor and professional associations; several private political action organizations; and national and state political parties. These defendants also include several individuals residing in the United States, including many of the plaintiffs former neighbors, an “Un leashed Dogs’ Owner” and “Landscappers/Gardeners [sic].” Among the clearest of plaintiff’s allegations against the defendants is that they are “collectively and individually organized criminals and[/]or civil violators.” Moreover, according to the plaintiff, the defendants “threaten all extant species of plaintiffs—‘we the people and embryos,’ similarly, situated.”

The body of plaintiffs complaint, following the lists of plaintiffs and defendants, is titled “FIRST CAUSALITY: RETALIATORY COVER-UP CONFINEMENTS,” and alleges:

Without Due Process of Law nor meritorious probable cause but, the defendant organized crimes and their retaliatory coverup confinements led defendants to terminate plaintiff 7-year federally subsidized tenancy, to issue collateral civil procedure for plaintiff, Arunga, to challenge the legality of the defendant confinement-notice. Habeas Copus [sic] de jure.

Plaintiff includes, in the papers he filed with the court, a copy of a notice sent to plaintiff on May 24, 2007 by the Owner/Agent of a building in Carmichael, California, in which plaintiff appears to have been a residential tenant. In the document, plaintiff was informed that his “tenancy of the premises is terminated effective at the end of a Nity [sic] 90 day period after service on [him] of this notice, or 8/24/07 whichever is later.” In his claim, plaintiff alleges that he is a “male-man, disabled senior citizen, at the age of over 69 years; ... has paid, timely and fully, all 7 years’ rents, and does not owe defendants any single penny____” Plaintiff did not present the court with any evidence to support jurisdiction in this federal court.

[122]*122Plaintiffs “SECOND CAUSALITY: RETALIATORY OCHLOCRATIZED DIS-CRIMINATIONS” appears to allege that “CHURCH-STATE practice is unAmeri-can[,]” stating that the “[separation of church and state is nihilist [sic] litigation and argumentf.]” Among many of the allegations, plaintiff states that “ABORTION, IN VARIEGATED FORMS, is crime-practice and unAmerican criminal activities threatening and endangering plaintiffs “We the people’ species of ‘ourselves and our posterity, similarly, situated.’ ” Plaintiff also alleges that same-sex relationships “are nondelegated, hardly-delegatable, and unrs-erved [sic] practices to the United States and Union-states of, by, and for plaintiffs “We the people’ species, similarly situated in the United States of America [sic].” Plaintiff further alleges that specified defendants’ “sexual orientation act and ‘don’t ask-don’t tell’ sodom directive are both: criminal practices; un-American actions not reserved to operate sodomy and Gomorrah-bagnios, in the Union-states and in the United States of America [sic]----” Plaintiff alleges that “[b]efore or thereabout between September 1, 1958 to January 2, 2009, defendants, collectively and individually, ... did knowingly conspire with one another, known and unknown, to commit nihilist offenses establishing cult-ochlocracy against the United States of America—The Community of God’s Believers [sic].”

Plaintiffs “THIRD CAUSALITY: RETALIATORY CULT-OCHLOCRAT NIHILISM OF DEFENDANTS NUMBERED FROM 1-162” represents over three, double-spaced pages of individual allegations, including assertions regarding abortion; embryonic cloning; stem cell practices; same-sex relationships; private labor associations; family planning organizations; and “littering plaintiff mailbox, by unsolicited mail,” and alleges that these constitute “federal crimes, and are neither reserved for the states of the Union of the United States Government.”

DISCUSSION

Subject matter jurisdiction may be challenged at any time by the parties, by the court sua sponte, and even on appeal. See Fanning, Phillips, Molnar v. West, 160 F.3d 717, 720 (Fed.Cir.1998) (quoting Booth v. United States, 990 F.2d 617, 620 (Fed.Cir.), reh’g denied (1993)); United States v. Newport News Shipbuilding and Dry Dock Co., 933 F.2d 996, 998 n. 1 (Fed.Cir.1991). “In fact, a court has a duty to inquire into its jurisdiction to hear and decide a case.” Special Devices, Inc. v. OEA, Inc., 269 F.3d 1340, 1342 (Fed.Cir.2001) (citing Johannsen v. Pay Less Drug Stores N.W. Inc., 918 F.2d 160, 161 (Fed.Cir.1990)); View Eng’g, Inc. v. Robotic Vision Sys., Inc., 115 F.3d 962, 963 (Fed.Cir.1997) (“[C]ourts must always look to their jurisdiction, whether the parties raise the issue or not.”).

Pursuant to Rule 8(a)(1) of the United States Court of Federal Claims (RCFC) and Rule 8(a)(1) of the

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Bluebook (online)
77 Fed. Cl. 120, 2007 U.S. Claims LEXIS 181, 2007 WL 1740032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arunga-v-clinton-uscfc-2007.