Dyck v. Albertelli Law

98 Fed. Cl. 624, 2011 U.S. Claims LEXIS 725, 2011 WL 1632580
CourtUnited States Court of Federal Claims
DecidedApril 29, 2011
DocketNo. 11-65C
StatusPublished
Cited by7 cases

This text of 98 Fed. Cl. 624 (Dyck v. Albertelli Law) 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
Dyck v. Albertelli Law, 98 Fed. Cl. 624, 2011 U.S. Claims LEXIS 725, 2011 WL 1632580 (uscfc 2011).

Opinion

OPINION

HORN, Judge.

FINDINGS OF FACT

Plaintiff Jacob-Franz: Dyck filed a pro se complaint in this court on January 31, 2011, on behalf of 142 trusts he names as plaintiffs, for which he alleges he is named “Trustee for all Plaintiff Common Law, Irrevocable, Contractual Pure Trust,” and “trustee of all Trusts being presented.” The complaint is 134 pages long, consists of 293 numbered paragraphs, and attempts to name 71 different defendants. Each defendant named by plaintiff is either a former state government official or a private party. Neither the United States nor any federal government entity or individual is a named defendant. The list of defendants includes multiple private financial institutions, multiple law firms, the Florida State bar, and various former and current public officials in Florida, but not the United States. Mr. Dyck alleges all defendants are “co-conspirators against the united [sic] States of America Constitution.” Plaintiff seeks to sue these defendants “[i]n their private capacity, in their corporate capacity [626]*626and all their Marital assets,” and he wishes to proceed as a class action.1

All claims in the United States Court of Federal Claims, however, must have “the United States designated as the party-defendant. ...” Rule 10(a) (2010), Rules of the United States Court of Federal Claims (RCFC). In its motion to dismiss, the defendant correctly notes that, “the United States is the only proper defendant in the United Court of Federal Claims.” See 28 U.S.C. § 1498(a)(1) (2006). The United States Supreme Court has indicated, for suits filed in the United States Court of Federal Claims and its predecessors, “[i]f the relief sought is against others than the United States the suit as to them must be ignored as beyond the jurisdiction of the court.” United States v. Sherwood, 312 U.S. 584, 588, 61 S.Ct. 767, 85 L.Ed. 1058 (1941) (citations omitted). Stated differently, “the only proper defendant for any matter before this court is the United States, not its officers, nor any other individual.” Stephenson v. United States, 58 Fed.Cl. 186, 190 (2003) (emphasis in original); see also United States v. Sherwood, 312 U.S. at 588, 61 S.Ct. 767; May v. United States, 80 Fed.Cl. 442, 444 (“Jurisdiction, then, is limited to suits against the United States.”), aff'd, 293 Fed.Appx. 775 (Fed.Cir.2008). Because plaintiff does not bring any claims against a proper defendant, the suit falls outside of the jurisdiction of this court. For this reason alone, plaintiffs complaint must be dismissed.

In the complaint and accompanying exhibits, which are often difficult to follow, plaintiff alleges a wide range of improper actions by the named defendants regarding everything from violation of land patent rights, improper incarceration, kidnapping, and threats of murder. The plaintiff also invokes protections he was not afforded based on treaty rights at the United Nations, the Constitution, the Florida State Courts, as well as many other alleged violations, based on a series of non-sequiturs.

Among the allegations, plaintiff apparently seeks to challenge the jurisdiction of the Florida State Courts to entertain foreclosure proceedings. In his complaint, plaintiff states: “this case is against the State of Florida.” Plaintiff further alleges that property was taken without justification and by the “State Court” without authority. Plaintiff alleges that the named defendants have conspired to “steal” real estate, and that plaintiffs due process rights have been violated by the defendants. Among the broad statements made by the plaintiff in his complaint, he asserts that the defendants should have known that they were conspiring to steal property. The allegations are confusing and include statements concerning due process and various allegations of deprivation of the plaintiffs constitutional and other legal rights. Plaintiff alleges, for example, that the government is stealing property “Without a cause of action, Without jurisdiction, Without answering questions relating to the property pre-meditated.” Plaintiff also alleges that the “Banks know they have no cause of act [sic],” “No promissory Note, Lawyers stating they have the Note, Promissory Note sold in bundles to worldwide investors, Lawyers showing affidavits signed by false affiants not affiliated to the bank,” “Sheriffs removing people from property with court deeds; sheriffs deed; [or] deed signed by court ordered sales clerks etc., etc.” Mr. Dyck also claims: “We have since found way [sic] to trace the Promissory Notes but need discovery to do so.” Mr. Dyck further asserts that the United States Housing and Urban Development (HUD) interviewed him and “[t]hey said I did no wrong; that they had gone over my trust, court documents and Land Patents and agreed that all foreclosures must be done by the Federal Government through HUD.”

Mr. Dyck also recites that he was incarcerated for approximately four months in Her-nando County, Florida without a warrant having been issued, an opportunity for bail, or a preliminary hearing. Mr. Dyck claims that his incarceration was likely due to his “family and being [sic] a dentist,” as well as the Federal Bureau of Investigation (FBI) telling him they would kill him if he continued selling trusts, as the “banks” would not approve of it going nationwide. Mr. Dyck [627]*627contends that he was released from prison in February 2010, and since that time “the F.B.I. has threaten; [sic] intimidated and demanded that the people working for [me] and contracted with [me] sign documents stating that [I] have committed a wrong.”

Plaintiff states that jurisdiction in this court is based on “Diversity of Citizenship.” Defendant correctly responds that the United States District Courts, not the United States Court of Federal Claims, have jurisdiction of civil actions based upon the diversity of citizenship of the parties, citing 28 U.S.C. § 1332 (2006), and that diversity jurisdiction does not provide a basis for jurisdiction in this court, citing 28 U.S.C. § 1491 (2006). Mr. Dyck also invokes “the jurisdiction of the American flag of peace.”

Throughout the complaint, the plaintiff cites numerous statutes, many of which do not reflect actual statutory citations and are unrelated to the allegations contained in plaintiffs complaint. For example, plaintiff cites to Public Law 97-250, 96 Stat. 1211 (Oct. 4, 1982) proclaiming 1983 the year of the Bible. The plaintiff also repeatedly cites bible scripture as the basis for his claims against the various parties, for example, stating, “[t]he history of our land development and theories of ownership comes from the Bible and the British. This can be found in Genesis.”

Plaintiff appended multiple documents to the complaint, which included, among others, expert witness affidavits filed in different eases in Michigan State Courts, a document captioned “International Covenant on Civil and Political Rights,” several documents concerning civil actions in the Miami-Dade County Court relating to a mortgage or mortgages held by Noelia E.

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Cite This Page — Counsel Stack

Bluebook (online)
98 Fed. Cl. 624, 2011 U.S. Claims LEXIS 725, 2011 WL 1632580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyck-v-albertelli-law-uscfc-2011.