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The court dismissed the plaintiff's 53-page criminal complaint against numerous Washington state officers and judges. The complaint alleged that the state actors conspired to deprive the plaintiff of sovereignty and property rights related to denying his request to remove his property from tax rolls based on filing a "land patent." The court found that the complaint had no basis in law or fact, as there is no law allowing private citizens to file criminal complaints or laws governing land patents in the way claimed. The premise that the state is a corporate entity subject to commercial liens was also found to be without merit. The complaint was dismissed.
The court dismissed the plaintiff's 53-page criminal complaint against numerous Washington state officers and judges. The complaint alleged that the state actors conspired to deprive the plaintiff of sovereignty and property rights related to denying his request to remove his property from tax rolls based on filing a "land patent." The court found that the complaint had no basis in law or fact, as there is no law allowing private citizens to file criminal complaints or laws governing land patents in the way claimed. The premise that the state is a corporate entity subject to commercial liens was also found to be without merit. The complaint was dismissed.
The court dismissed the plaintiff's 53-page criminal complaint against numerous Washington state officers and judges. The complaint alleged that the state actors conspired to deprive the plaintiff of sovereignty and property rights related to denying his request to remove his property from tax rolls based on filing a "land patent." The court found that the complaint had no basis in law or fact, as there is no law allowing private citizens to file criminal complaints or laws governing land patents in the way claimed. The premise that the state is a corporate entity subject to commercial liens was also found to be without merit. The complaint was dismissed.
SupremeCourt. Dkt. 1. Although thecomplaint ismostly incomprehensible, it appears
Case 3:12-mc-05000-BHS Document 4 Filed02/10/12 Page 1of 2 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASIllNGTON AT TACOMA 4 5 6 DAVIDA. DARBY, ORDER DISMISSING COMPLAINT Plaintiff, CASE NO. 12-MC-5000BHS 7 8 v. GREGKIMSEY, et aI., 9 Defendants. 10 11 12 Thismatter comesbeforetheCourt sua sponte onreviewof Plaintiff DavidA. Darby's ("Darby") complaint (Dkt. 1). 13 14 OnJ anuary 4,2012, Darby filedafifty-threepage"criminal" complaint against . - . . '. numerous Washington Stateofficers andjudges, including.alljustices of theWashington . . ," ", 15 16 17 that Darby allegesthat thesestateactorshaveconspired to depriveDarby of his 18 sovereignty andsovereignproperty rights. Id. Darby filed a"Land Patent" withthe 19 Clark CountyAuditor, GregKimsey, andrequested that hisproperty beremovedfromthe 20 tax rolls. Id. at 29. Mr. Kimsey deniedDarby's requests. Id. Darby claims 21 22 $15,600,000.00 indamages asacommercial lienagainst thecorporation Washington State. Id. at 50. 23 A federal court may dismisssua sponte pursuant to Fed. R. Civ. P. 12(b)(6) when it isclear that theplaintiff hasnot statedaclaimuponwhich relief may begranted. See 24 25 Omar v. Sea-Land Serv., Inc., 813,F.2d986, 991(9thCir. J 987) ("Su~hadismissal may ~.' .., '... _. _ ~tI ' . . 26 bemadewithout notice.wheretheclaimant cannot possibly winrelief.'~);.see also Mallard , .' .- ". ! . - " " .-......... ."'" " ,'- ". . 27 v. United States Dist. Court, 490U.S. 296, 307-08(1989) (thereislittledoubt afederal 28 ORDER - I -' Case 3:12-mc-05000-BHS Document 4 Filed 02/10/12 Page 2 of 2 1 court wouldhavethepower to dismiss afrivolous complaint sua sponte, eveninabsence 2 of anexpress statutory provision). A complaint isfrivolous when it hasno arguablebasis 3 inlawor fact. Franklin v. Murphy, 745F.2d 1221, 1228(9thCir. 1984). 4 In this case, Darby's complaint hasnobasis inlawor fact. First, thereisno law 5 allowingcriminal complaints tobefiledbyprivate citizens or laws governing "land 6 patents" that wouldremoveone's real property fromstatetaxation. Second, Darby 7 8 9 cannot possibly winrelief intheformof acommercial lienagainst thestateof Washington for itsallegeddenial of his sovereignty. Thebasic premiseof Darby's complaint isthat thestateisacorporateentity, which isnot thelawandiswholly without 10 11 12 merit. Therefore, it ishereby ORDERED that Darby's complaint isDISMISSED and this caseshall beclosed. 13 DATED this 10thday of February, 2012. 14 15 16 INH. SETTLE 17 StatesDistrict J udge 18 19 20 21 22 23 24 25 26 27 28 ORDER-2