Tutankhaman v. Perry ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 KING TUTANKAMEN aka MIACHAEL Case Nos. 2:22-cv-01459, 2:22-cv-01493, 8 M AXWELL HILL, 2:22-cv-01591, 2:22-cv-01592, 2:22-cv-01593, Plaintiff, 2:22-cv-01596, 2:22-cv-01597, 2:22-cv-01599, 9 2:22-cv-01682, 2:22-cv-01833, 2:22-cv-01848, v. 2:22-cv-01849, 2:22-cv-01850, 2:22-cv-01852, 10 2:22-cv-01853, 2:22-cv-01855, 2:22-cv-01856, 11 A LBERT PERRY, 2:22-cv-01857, 2:22-cv-01858, 2:22-cv-01859, Defendant. 2:22-cv-01860, 2:22-cv-01874, 2:22-cv-01875, 12 2:22-cv-01876, 2:22-cv-01878, 2:22-cv-01879, 2:22-cv-01880, 2:22-cv-01881, 2:22-cv-01993, 13 2:22-cv-01994. 14 ORDER 15 16 17 18 A federal court may dismiss a complaint sua sponte pursuant to Fed.R.Civ.P. 12(b)(6) 19 when the plaintiff clearly fails to state a claim upon which relief may be granted. See Omar v. Sea- 20 Land Serv., Inc., 813 F.2d 986, 991 (9th Cir.1987) (“A trial court may dismiss a claim sua sponte 21 under Fed.R.Civ.P. 12(b)(6) . . . . Such a dismissal may be made without notice where the claimant 22 cannot possibly win relief.”) (internal citations omitted). A complaint is frivolous when it has no 23 arguable basis in law or fact. Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984) (generally 24 addressing frivolous law suits brought by in forma pauperis applicants); see also Mallard v. United 25 States Dist. Court, 490 U.S. 296, 307-08 (1989). 26 On November 30, 2022, this Court exercised its right, under the All Writs Act to issue an 27 order declaring Plaintiff a vexatious litigant and requiring him to obtain leave of court before 28 commencing any new action in this District. Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1 1057 (9th Cir. 2007). A vexatious litigant is one who files numerous, harassing, duplicative 2 lawsuits, and may raise in such lawsuits frivolous or unintelligible claims. De Long v. Hennessey, 3 912 F.2d 1144, 1148 (9th Cir. 1990). In its order, the Court stated that “the exceptional number 4 of filings across the last three months, coupled with their nonsensical nature, force the Court to 5 declare Plaintiff a vexatious litigant. Plaintiff is likely to continue to abuse the judicial process 6 absent this form of intervention, given the pattern of filing numerous, frivolous documents that 7 require the Court to expend many judicial resources to the detriment of other litigants. Sanctions 8 and mere dismissal of his current lawsuits will not deter Plaintiff from filling additional harassing 9 and frivolous suits. As recently as September 2, 2022, this Court dismissed a case filed by Plaintiff: 10 King Tutankamen v. Harvey, 2:22-cv-01219-RFB-EJY. Since then, Plaintiff has only renewed his 11 efforts to file cases before this Court, presenting the same unintelligible contents.” 12 The above captioned matters were filed by the Plaintiff between September 8, 2022 and 13 November 30, 2022.1 The cases listed in the case caption here resemble Plaintiff’s previous filings 14 with this Court. They read like fantasy stories. They reference various famous people and seem 15 to be attempts at filing criminal cases (see ECF No. 1-1, 2:22-cv-1860), include stories about 16 people threatening judges and using lewd language (see ECF No. 7, 2:22-cv-1458); and reference 17 the criminal prosecution of various people or character (see ECF No. 4, 2:22-cv-1860). There is 18 no relief requested that the Court could grant based on these unintelligible filings. Therefore, the 19 Court finds sua sponte that these cases are frivolous as a matter of law, and that Plaintiff has failed 20 to state a claim upon which relief may be granted. Mallard v. United States Dist. Court, 490 U.S. 21 296, 307-08 (1989) (noting that Courts have the inherent power to dismiss a frivolous or malicious 22 lawsuit). 23 / 24 / 25 26 1 The Court notes that two of the above captioned cases, 2:22-cv-01993-RFB-EJY and 2:22-cv-01994-RFB-EJY, were filed on November 30, 2022 and are brought by “Dr. Pope Francis 27 Gates Sr. Zarth Asgarth/Dr. Michael D. Gates III/ Michael Maxwell Hill/ A. Asgarth/ Dr. Alfie Eden Gotenk Gates/ Poncho Crump(actual)/ Dr. Melinda AC Gates/ Dr. Bill R. Gates/ Commiss 28 also known as King Michael Tutankhaman.” 2 ] For these reasons IT IS SO ORDERED that the above captioned matters are dismissed with prejudice. 3 4 DATED: December 12, 2022 AS 6 RICHARD F. BOULWARE, II 7 UNITED STATES DISTRICT JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28