Pikulin v. United States

97 Fed. Cl. 71, 2011 U.S. Claims LEXIS 23, 2011 WL 286246
CourtUnited States Court of Federal Claims
DecidedJanuary 31, 2011
DocketNo. 11-46C
StatusPublished
Cited by116 cases

This text of 97 Fed. Cl. 71 (Pikulin v. United States) 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
Pikulin v. United States, 97 Fed. Cl. 71, 2011 U.S. Claims LEXIS 23, 2011 WL 286246 (uscfc 2011).

Opinion

ORDER OF DISMISSAL

SWEENEY, Judge.

Plaintiff William Pikulin, appearing pro se, filed the above-captioned case on January 14, 2011.1 He alleges that President Barack H. Obama, United States Attorney General Eric H. Holder, and Director of the Administrative Office of the United States Courts James C. Duff “failed to perform their Duty to Guaranty, Protect and Defend [the] Constitution of the United States, Federal Laws and the Rights of the American People,” contrary to their oaths of office. In particular, plaintiff asserts that the individual defendants failed to enforce a purported “Willful Default Judgment” entered by the United States District Court for the Southern District of New York (“Southern District of New York”). As explained below, the court grants plaintiffs application to proceed in forma pauperis. However, the court finds that it lacks jurisdiction over plaintiffs complaint and that plaintiffs complaint is frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B).

I. FACTUAL BACKGROUND2

Plaintiff alleges that in 1988 and 1989, the City of New York (“City”) awarded his company, W.P. Contractors, Inc., five contracts, including one administered by The City University of New York (“CUNY’). He contends that in the latter half of 1989, various City officials sought his participation in criminal activity and then conspired to cover up their crimes. Then, according to plaintiff, in March 1990, those same officials “destroy[ed]” his company by debarring it from “any Government (City, State and Federal) Contracts for the period of three years,” and by failing to lift the debarment when it expired. Compl. ¶ 7. Plaintiff alleges that City officials “blacklisted” plaintiff and prevented plaintiff from finding work and earning income, resulting in the break-up of his family, the destruction of his health, and several attempts on plaintiffs life. Id. ¶ 8.

Plaintiff ultimately filed a lawsuit against CUNY, alleging claims pursuant to 42 U.S.C. § 1981 (“§ 1981”) and 42 U.S.C. § 1983 (“§ 1983”). On May 15, 1995, the Southern District of New York entered a default in plaintiffs favor. It appears that the court subsequently set aside the default and reinstated plaintiffs suit. Plaintiff alleges the following improprieties: (1) the City and CUNY bribed the judge, the clerk of court, and two state attorneys general to participate in a conspiracy to deny plaintiff the equal protection of the laws pursuant to 42 U.S.C. § 1985 (“§ 1985”) and 42 U.S.C. § 1986 (“§ 1986”); (2) the judge engaged in the practice of law by providing testimony in [73]*73the case in violation of 28 U.S.C. § 454; (3) two state attorneys general engaged in fraud, falsified documents, and violated the testimonial restrictions found in Federal Rules of Evidence 603, 801, and 802; (4) the judge, the clerk of court, and the state attorneys general deprived him of the due process and equal protection rights granted to him pursuant to § 1981, § 1983, and the Fifth and Fourteenth Amendments of the United States Constitution; and (5) the clerk of court falsified docket entries and destroyed documents in violation of the Federal Rules of Civil Procedure.

Plaintiff appealed the decision of the Southern District of New York to the United States Court of Appeals for the Second Circuit (“Second Circuit”). On May 13, 1999, the Second Circuit vacated the dismissal of plaintiffs § 1981 and § 1983 claims and remanded the case to Southern District of New York for further proceedings. Plaintiff alleges that although the Second Circuit attempted to hide the facts of his case, it ultimately directed the enforcement of the set-aside default. He now seeks to effectuate the Second Circuit’s purported ruling.

II. PLAINTIFF’S HISTORY OF LITIGATION3

Plaintiff is no stranger to litigation in the federal courts, including the Southern District of New York, the United States District Court for the Eastern District of New York (“Eastern District of New York”), and United States Court of Federal Claims (“Court of Federal Claims”). Since filing the above-mentioned complaint against CUNY in 1995,4 he has initiated numerous suits in these courts, all of which arise from the same factual circumstances.

A. Southern District of New York

In the Southern District of New York, plaintiff filed suit against the City on May 12, 1995. See Petreykov v. City of N.Y., No. 96 Civ. 2980(LMM), 1998 WL 146691 (S.D.N.Y. Mar. 24, 1998) (denying plaintiffs motion for relief from judgment); Petreykov v. City of N.Y., No. 96 Civ. 2980(LMM), 1996 WL 744896 (S.D.N.Y. Dec. 31, 1996) (dismissing plaintiffs complaint, which contained § 1981 and § 1983 claims, as time-barred), aff'd, 166 F.3d 1201 (2d Cir.1998) (unpublished table decision), cert. denied, 527 U.S. 1064, 120 S.Ct. 36, 144 L.Ed.2d 838 (1999). He also filed suit against the state attorney general and another individual on October 7, 1997.5 See Petreykov v. Vacco, 159 F.3d 1347 (2d Cir.1998) (unpublished table decision) (affirming the dismissal of plaintiffs complaint on Eleventh Amendment immunity grounds), cert. denied, 525 U.S. 1167, 119 S.Ct. 1086, 143 L.Ed.2d 87 (1999).

[74]*74B. Eastern District of New York

In the Eastern District of New York, plaintiff filed suit against International Fidelity Insurance Company—his company’s surety—on April 11, 1995.6 See Petreykov v. Int’l Fid. Ins. Co., No. 95 CV 1428, 1999 WL 1186807 (E.D.N.Y. Oct. 12, 1999) (dismissing plaintiffs § 1981 and defamation claims); Petreykov v. Int’l Fid. Ins. Co., No. 95 CV 1428, 1997 WL 36988 (E.D.N.Y. Jan. 7, 1997) (noting plaintiffs vexatious and harassing motions and barring plaintiff from filing additional motions without prior permission from the court); Petreykov v. Int’l Fid. Ins. Co., No. 95 CV 1428, 1996 WL 524398 (E.D.N.Y. Sept. 6, 1996) (reinstating plaintiffs § 1981 and defamation claims). Over ten years later, on August 10, 2006, he filed suit against the United States, two federal judges, and the clerk of court. See Pikulin v. United States, No. 06-CV-3959 (CBA), slip op. (E.D.N.Y. Dec. 15, 2006) (dismissing plaintiffs complaint, which contained claims based on § 1981, § 1983, and § 1985, as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)). Then, on January 30, 2007, he filed suit against the United States Attorney General, a federal judge, and the clerk of court for the Southern District of New York. See Pikulin v. Gonzales, No. 07-CV-0412 (CBA), 2007 WL 1063353 (E.D.N.Y. Apr.

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Bluebook (online)
97 Fed. Cl. 71, 2011 U.S. Claims LEXIS 23, 2011 WL 286246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pikulin-v-united-states-uscfc-2011.