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Hilska v. Jones

December 15, 2003


The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Document No.: 41




The pro se plaintiff brings this action against myriad federal, private, and foreign defendants, claiming that they wrongfully prevented him from gaining political asylum in the United States by orchestrating a diabolical scheme that resulted in offenses ranging from forgery to attempted murder. Several of the defendants responded to these allegations with motions to dismiss. In resolving those motions, the court allowed the plaintiff additional time to perfect service upon certain defendants and to clarify his claims and jurisdictional grounds against other defendants according to specific instructions. The plaintiff responded to the court's ruling by filing a wave of submissions, none of which conform to the court's instructions or help to clarify the plaintiff's claims. The federal defendants now bring a motion pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction, asking the court to dismiss the plaintiff's claims as frivolous. While the court recognizes that the plaintiff's claims appear implausible, the court cannot say that it lacks subject-matter jurisdiction over the matter. Thus, the court denies the federal defendants' motion. The court, however, dismisses the plaintiff's claims against the other defendants because the plaintiff has failed to demonstrate perfected service of process and clarify his claims and jurisdictional grounds in conformity with the court's instructions.


A. Factual Background

The pro se plaintiff, a native and citizen of Finland, seeks compensatory relief from a variety of federal, foreign, and private defendants.*fn2 Compl. at 1-3, 7. The plaintiff alleges that the federal defendants are responsible for various misdeeds, including forgery, extortion, assault, destruction of documents, torture, and attempted murder. See generally id.; Pl.'s Aug. 2003 Resps. He also claims that the Immigration and Naturalization Service ("INS")*fn3 wrongfully deported him from the United States. Compl. at 6. Furthermore, the plaintiff boldly promises that he will reveal "the tragic and premature deaths of five Americans and two Europeans" if the court allows this action to proceed. Id.

The events giving rise to this action originated from three immigration proceedings. The first set of proceedings began sometime in 1995 when the INS denied the plaintiff's application for asylum and subsequently deported him. Id. at 4.

In July 1999, the plaintiff triggered the second set of proceedings by attempting to re-enter the United States. Id. Ex. D. The INS found the plaintiff ineligible to enter the country and referred the matter to the immigration court, whereupon the plaintiff requested political asylum from Finland. Id. At this point, the evidentiary record is in conflict. According to the immigration court, it then denied the plaintiff's request for asylum. Id. According to the plaintiff, however, the immigration court initially granted him asylum, but the President later invalidated that decision. Id. at 5. In July 2000, the INS once again deported the plaintiff from the United States. Id.

The third and final set of proceedings began in December 2000, when the plaintiff reentered the United States. Id. at 5-6. Authorities arrested and eventually deported him in June 2001. Id.

B. Procedural History

On May 28, 2002, the plaintiff filed his complaint against a host of defendants. Almost four months later, the plaintiff filed an affidavit documenting his efforts to serve a summons and copy of the complaint on each of the defendants via registered mail.*fn4 Pl.'s Return of Service/Aff. at 1, Exs. 1-17.

On September 23, 2002, private defendant Boisfeuillet Jones Jr. filed a motion to dismiss pursuant to Federal Rule of Civil Procedure12(b)(5) or (6), asserting both that the plaintiff did not properly effect service on him and that the complaint failed to include any allegations against him. Def. Jones's Mot. at 2. On December 2, 2002, having obtained an extension of time from the court, federal defendants President Bush, Attorney General Ashcroft, Senator Clinton,*fn5 former President Clinton, United States Immigration Judge Jill H. Dufrense, and INS Deportation Officer Thomas asked the court to dismiss the claims against them pursuant to ...

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