Oregon Public Broadcasting reports that the armed terrorists occupying Malheur National Wildlife Refuge have invited JOAQUIN MARIANO DEMORETA-FOLCH, a St. Johns County resident, to be the "judge" at a kangaroo court "grand jury" attacking federal government land ownership.
JOAQUIN MARIANO DEMORETA-FOLCH has a habit of filing bizarre, seemingly meritless rambling legal filings -- he is not an attorney. Sample here: http://scannedretina.com/2014/06/18/public-notice-joaquin-mariano-demoreta-folch-common-law-grand-jury-administrator-announces/
For good reasons, U.S. District Judge Marcia Morales dismissed DEMORETA's deluded lawsuit in 2015, writing:
ORDERED: 1. Complainant Joaquin Mariano DeMoreta-Folch's Complaint (Doc. 1) is DISMISSED. 2. The Clerk of Court is directed to close the file. 3. The Clerk of Court is further directed to remove the .pdf of the Complaint from the electronic filing system and maintain it in paper format.
DONE AND ORDERED.
1. Federal courts are courts of limited jurisdiction and therefore have an obligation to inquire into their subject matter jurisdiction. See Kirkland v. Midland Mortgage Co. , 243 F.3d 1277 , 1279-80 (11th Cir. 2001). This obligation exists regardless of whether the parties have challenged the existence of subject matter jurisdiction. See Univ. of S. Ala. v. Am. Tobacco Co. , 168 F.3d 405 , 410 (11th Cir. 1999) ([I]t is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking."). "In a given case, a federal district court must have at least one of three types of subject matter jurisdiction: (1) jurisdiction under a specific statutory grant; (2) federal question jurisdiction pursuant to 28 U.S.C. § 1331; or (3) diversity jurisdiction pursuant to 28 U.S.C. § 1332(a)." Baltin v. Alaron Trading Corp. , 128 F.3d 1466 , 1469 (11th Cir. 1997). In the event this threshold requirement is not met, the Court must dismiss the action if it "determines at any time that it lacks subject-matter jurisdiction." Fed. R. Civ. P. 12(h)(3). Although DeMoreta-Folch alleges that FPL violated various constitutional rights, he does not allege that FPL is a state actor, or that FPL was acting under color of state law when it engaged in the conduct of which he complains. Therefore, the Court has no basis to assume that it has federal question jurisdiction merely because DeMoreta-Folch alleges constitutional violations by FPL, a private company.
For good reasons, after a case filed by DEMORETA-FOLCH was dismissed by St. Johns County Circuit Court Judge J. Michael Traynor, in 2010, the docket notes:
For good reasons, U.S. District Judge Marcia Morales dismissed DEMORETA's deluded lawsuit in 2015, writing:
This case is before the Court on a complaint filed by Joaquin Mariano DeMoreta-Folch in the name of "We the People Statewide Common Law Grand Jury, Florida." (Doc. 1; Complaint). The Complaint names employees of Florida Power and Light Company (FPL) and several government officials, accusing them of various crimes and acts of wrongdoing apparently arising from FPL's attempt to replace DeMoreta-Folch's residential electrical meter box with a smart-meter. This Complaint is part of a troublesome trend, whereby citizens purporting to act as "common law grand juries" file frivolous or non-cognizable complaints in federal court. These frivolous and patently misleading filings burden the judiciary and hinder its ability to administer justice in truly meritorious cases.
Upon review, the instant Complaint fails to articulate a cognizable claim for relief. District courts have "the inherent authority to dismiss a patently frivolous complaint." Cuyler v. Aurora Loan Services, LLC , 2012 WL 10488184, at *2 (11th Cir. 2012) (unpublished) (citing Fitzgerald v. First East Seventh Street Tenants Corp. , 221 F.3d 362 , 364 (2d Cir. 2000)). The courts have that authority whether the complainant has paid the filing fee, as here, or not. Fitzgerald , 221 F.3d at 364. Additionally, the Complaint fails to articulate the basis of the Court's subject matter jurisdiction.1 Because this Complaint is patently frivolous and fails to state any claim on which relief can be granted, it is due to be dismissed.
Ordinarily, the Court would give a pro se litigant, such as DeMoreta-Folch, leave to amend the complaint before dismissing it — if "it appear[ed] a more carefully drafted complaint might state a claim upon which relief can be granted[.]" Bank v. Pitt , 928 F.2d 1108 , 1112 (11th Cir. 1991), overruled in part by Wagner v. Daewoo Heavy Indus. Am. Corp. , 314 F.3d 541 , 542 (11th Cir. 2002) (en banc ) (overruling Pitt 's holding only where the litigant is counseled, and the litigant neither moved to amend nor requested leave to amend). Upon review of the Complaint, the Court is convinced that DeMoreta-Folch could not state a cognizable claim for relief even if the Court gave him leave to amend, and therefore granting such leave would be futile.
Accordingly, it is hereby
FootNotes
For good reasons, after a case filed by DEMORETA-FOLCH was dismissed by St. Johns County Circuit Court Judge J. Michael Traynor, in 2010, the docket notes:
| 10/14/2010 | ******DO NOT ACCEPT OR TIME STAMP ANY PLEADINGS BY MR FOLCH UNLESSSIGNED BY AN ATTORNEY. ***** |
JOAQUIN MARIANO DEMORETA-FOLCH was the Tea Party's lead dog speaker on agenda item 1, our proposal for St. Johns County to support the proposed St. Augustine National Historical Park and National Seashore, first proposed by Mayor Walter Fraser and then Senators Pepper and Andrews in 1939.
Speakers in favor included the late environmental activist Ms. Robin Nadeau, Ms. Judith Seraphin, 2008 Democratic Congressional nominee Faye Armitage and former County Commissioner Sarah Bailey. The discussion spanned some ninety minutes. While proponents were speaking JOAQUIN MARIANO DEMORETA-FOLCH's his allies made gun noises and gun gestures and accused those of us who wanted to promote a St. Augustine National Historical Park and National Seashore (particularly me) of being Nazis and Communists in the spirit of Hitler, Stalin and Goebbels.
Five all-Republican St. Johns County Commissioners were not given any staff advice or memorandum. Their then Assistant County Administrator, JERRY CAMERON, is a Tea Party supporter who has appeared in Patrick Henry costume at Tea Party meetings; CAMERON retired in 2015 and is now the developer-supported candidate running for County Commissioner, with more than $56,000 of contributions.
With significant encouragement from CAMERON, the Commissioners were terrorized by the Tea Party and voted against supporting the St. Augustine National Historical Park and National Seashore.
Their logic was as specious as the Tea Party's sophistry. Although Commissioners have a civility rule, they never enforced it, despite being asked to do so.
Read DEMORETA's bragging of his influence on the vote here: http://cleanupcityofstaugustine.blogspot.com/2011/11/in-haec-verba-st-augustine-tea-party.html
Read DEMORETA's bragging of his influence on the vote here: http://cleanupcityofstaugustine.blogspot.com/2011/11/in-haec-verba-st-augustine-tea-party.html
Links to St. Augustine Record story and my responsive Sunday column are here:
http://cleanupcityofstaugustine.blogspot.com/2011/11/blog-post.html
View video here (my opening statement November 1, 2011 County Commission meeting). https://www.youtube.com/watch?v=zpGJHDyA_pU
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