Strunk v. Obama

880 F. Supp. 2d 1, 2011 U.S. Dist. LEXIS 155819, 2011 WL 8600375
CourtDistrict Court, District of Columbia
DecidedJanuary 5, 2011
DocketCivil Action No. 10-486
StatusPublished
Cited by21 cases

This text of 880 F. Supp. 2d 1 (Strunk v. Obama) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strunk v. Obama, 880 F. Supp. 2d 1, 2011 U.S. Dist. LEXIS 155819, 2011 WL 8600375 (D.D.C. 2011).

Opinion

MEMORANDUM & ORDER

ROYCE C. LAMBERTH, Chief Judge.

Before the Court is Christopher-Earl Strunk’s complaint [1] seeking to supplement the complaint filed in Taitz v. Obama, 707 F.Supp.2d 1 (D.D.C.2010). Upon consideration of the complaint and the applicable law, the Court will dismiss the complaint without prejudice for the reasons set forth below.

I. LEGAL STANDARDS

A. Nature of Strunk’s Filing

Strunk styles his filing as an “Interpleader Verified Complaint” under Federal Rule of Civil Procedure 22. He seeks to supplement the complaint filed in Taitz v. Obama, 707 F.Supp.2d 1 (D.D.C.2010), with additional causes of action. As to these causes of action, Strunk asks the Court for summary judgment, declaratory judgment, and various writs of mandamus.

Rule 22 is not the proper vehicle for Strunk’s filing. Under Rule 22(a)(1), “[pjersons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.” Fed.R.Civ.P. 22(a)(1). Strunk does not seek to join any person as a defendant; rather, he seeks to supplement a complaint filed in a separate case. Under Rule 22(a)(2), “[a] defendant exposed to similar liability may seek inter-pleader through a crossclaim or counterclaim.” Fed.R.Civ.P. 22(a)(2). Strunk is not a defendant exposed to liability here.

Because Strunk cannot satisfy either test for interpleader, he cannot file under Rule 22. As a pro se litigant, however, his filing is entitled to a liberal construction. See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (recognizing that pro se filings are held “to less stringent standards than formal pleadings drafted by lawyers”); Richardson v. United States, 193 F.3d 545, 548 (D.C.Cir.1999). The Court will thus construe Strunk’s filing as a complaint in its own right.

[3]*3 B. Article III Standing

Article III of the Constitution limits the jurisdiction of federal courts to eases or controversies. U.S. Const, art. Ill, § 2, cl. 1. Consequently, “a showing of standing ‘is an essential and unchanging’ predicate to any exercise of [a court’s] jurisdiction.” Fla. Audubon Soc’y v. Bentsen, 94 F.3d 658, 663 (D.C.Cir.1996) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). In other words, “Article III standing must be resolved as a threshold matter.” Raytheon Co. v. Ashborn Agencies, Ltd., 372 F.3d 451, 453 (D.C.Cir.2004) (citing Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 102, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998)). Indeed, the requirement that courts liberally interpret pro se pleadings does not dispense with the constitutional requirement of standing. See Dorsey v. Dist. of Columbia, 747 F.Supp.2d 22, 26-27 (D.D.C.2010) (dismissing a pro se plaintiffs claims for lack of standing).

As the party invoking federal jurisdiction, the plaintiff bears the burden of establishing standing. Steel Co., 523 U.S. at 104, 118 S.Ct. 1003; Lujan, 504 U.S. at 561, 112 S.Ct. 2130. The “irreducible constitutional minimum of standing” consists of three elements. Lujan, 504 U.S. at 560, 112 S.Ct. 2130. The plaintiff must demonstrate all three elements to establish standing. First, the plaintiff must have suffered an injury in fact. Id. The injury must be concrete and particularized, as well as actual or imminent. Id. The Supreme Court has “consistently held that a plaintiff raising only a generally available grievance about government — claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large — does not state an Article III case or controversy.” Id. at 573-74, 112 S.Ct. 2130.

The second element of standing requires the plaintiff to show “a causal connection between the injury and the conduct complained of.” Id. at 560, 112 S.Ct. 2130. Third and finally, “it must be ‘likely,’ 'as opposed to merely ‘speculative,’ that the injury will be ‘redressed by a favorable decision.’ ” Id. at 561, 112 S.Ct. 2130 (quoting Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 41 42, 96 S.Ct. 1917, 48 L.Ed.2d 450 (1976)).

C. Failure to State a Claim under Rule 12(b)(6)

A district court may dismiss a complaint sua sponte for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) where “it is patently obvious that [the plaintiff] could hot have prevailed on the facts alleged in his complaint.” Baker v. Dir., U.S. Parole Comm’n, 916 F.2d 725, 727 (D.C.Cir.1990). Even under a liberal pro se standard, dismissal is appropriate where the plaintiffs complaint provides no factual or legal basis for the requested relief. Prince v. Purdue, No. 10-240, 2010 WL 724705, *2 (D.D.C. Feb. 24, 2010) (dismissing plaintiffs pro se complaint sua sponte because it “providefd] no factual or legal basis for her various requests for relief and fail[ed] to specify any alleged wrongdoing by defendants that would support a viable claim for relief’); Perry v. Discover Bank, 514 F.Supp.2d 94, 95 (D.D.C.2007) (same).

II. DISCUSSION

A. President’s Alleged Ineligibility for Office

In his first cause of action, plaintiff asserts that the President is ineligible for office because he has dual allegiance and is not a natural-born citizen of the United States. Plaintiff contends that the Presi[4]*4dent’s acts are thus void ab initio. He claims to have suffered an “informational injury as a voter and member of the public.” Plaintiff asserts only a generalized grievance here, rather than a particularized injury. He thus lacks standing to bring his claim. See Lujan, 504 U.S. at 573-74, 112 S.Ct. 2130.

B.Federal Fraud Claim and Replevin Action

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Bluebook (online)
880 F. Supp. 2d 1, 2011 U.S. Dist. LEXIS 155819, 2011 WL 8600375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strunk-v-obama-dcd-2011.