General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCongratulations, everybody.... we won!
Many of you may not have known how perilously close we all came to losing this case:
https://www.courtlistener.com/recap/gov.uscourts.mnd.178704/gov.uscourts.mnd.178704.1.0.pdf
The court has adopted the findings set forth in the Magistrate's report, but I'm concerned the Magistrate left an appealable issue on the table:
https://www.courtlistener.com/recap/gov.uscourts.mnd.178704/gov.uscourts.mnd.178704.3.0.pdf
SouthernProgressive
(1,810 posts)brooklynite
(94,911 posts)madinmaryland
(64,933 posts)Thomas Hurt
(13,903 posts)2naSalit
(86,897 posts)unblock
(52,438 posts)rampartc
(5,453 posts)he is talking about "his banks" as if he is owed something for a string of un named yet petty grievances. any reasonable judge would bang a gavel on this guy's head.
Shrike47
(6,913 posts)underpants
(182,988 posts)Kostuchs complaint is nearly impossible to follow. Aspects of the pleading appear to challenge the practices of several financial institutions; other aspects appear to challenge the validity of an arrest; others still appear discontented with various instances of disrespect. Other allegations defy explanation. None of the claims is spelled out in much (or any) detail, nor is any particular claim attributed to any particular actor; instead, the complaint meanders from one grievance to the next.
jberryhill
(62,444 posts)I mean, the complaint has to address everything the world did to him.
If he re-files, we should settle for beer and travel money.
underpants
(182,988 posts)Or sovereign citizen world
The Velveteen Ocelot
(115,947 posts)I used to have a whole collection of court opinions addressing bizarre pro se lawsuits brought by people who were pro se for good reason - wish I could find it. A couple of my favorites that I can remember are Mayo v. Satan, here: https://kevinunderhill.typepad.com/Documents/Mayo_v_Satan.pdf (lawsuit against Satan dismissed for lack of personal jurisdiction) --
We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.
and Searight v. New Jersey, https://lawandlogic.files.wordpress.com/2012/03/searight-v-new-jersey.pdf (plaintiff claimed the State of New Jersey unlawfully injected him in the left eye with a radium electric beam, with the result that someone was talking to him on the inside of his brain; dismissed for lack of federal subject matter jurisdiction):
But, taking the facts as pleaded, and assuming them to be true, they show a case of presumably unlicensed radio communication, a matter which comes within the sole jurisdiction of the Federal Communications Commission, 47 U.S.C. s 151, et seq. And even aside from that, Searight could have blocked the broadcast to the antenna in his brain simply by grounding it. See, for example, Ghirardi, Modern Radio Servicing, First Edition, p. 572, ff. (Radio & Technical Publishing Co., New York, 1935). Just as delivery trucks for oil and gasoline are grounded against the accumulation of charges of static electricity, so on the same principle Searight might have pinned to the back of a trouser leg a short chain of paper clips so that the end would touch the ground and prevent anyone from talking to him inside his brain. But these interesting aspects need not be decided here....
The judges seemed to find these cases interesting, to say the least.
FakeNoose
(32,854 posts)LuvNewcastle
(16,864 posts)"Blood on an ice cream cone at Fridley McDonald's (2018)." Guess you had to be there.