Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bush v. The Executive Branch United States Government

United States District Court, N.D. Georgia, Atlanta Division

June 12, 2018

THOMAS K. BUSH, Plaintiff,
v.
THE EXECUTIVE BRANCH UNITED STATES GOVERNMENT, PRESIDENT BARACK OBAMA, ATTORNEY GENERAL LORETTA LYNCH, F.B.I. DIRECTOR JAMES COMEY, U.S. DEPT OF JUSTICE, HILLARY RODHAM CLINTON, Former Secretary of State, BILL CLINTON, Former President, THE CLINTON FOUNDATION, PATRICK FRANCIS KENNEDY, Under Secretary of State for Management, U.S. DEPT OF STATE, FEDERAL BUREAU OF INVESTIGATION, SPECIAL AGENT R. STEPHEN FARR, Atlanta, JAMES TATMAN, Rights Director, SAM OLENS, Georgia Attorney General, FRANCES MULDERIG, ROGER CHALMERS, Georgia Dept. of Law, STEVE RAFTER, Georgia Convict, INTERNAL REVENUE SERVICE, GEORGIA DEPT OF REVENUE, OTHER UNNAMED DEFENDANTS, Defendants.

          OPINION AND ORDER

          WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendants Roger Chalmers (“Chalmers”) and the Georgia Department of Revenue's (“GDOR”) Motion to Dismiss [12] and Motion to Stay [13]; Plaintiff Thomas K. Bush's (“Plaintiff”) Motion for Relief from Court Order [14], Motion for Sanctions [18], Motion for Defendants to Comply [19], Motion for Court Conference [25], and Motion for Sanctions [26]; and the Federal Bureau of Investigations (“FBI”), Internal Revenue Service (“IRS”), United States Department of Justice (“DOJ”), United States Department of State, and the Executive Branch's Motion to Dismiss [21] and Motion to Stay [28].

         I. BACKGROUND

         On October 31, 2016, Plaintiff Thomas K. Bush (“Plaintiff”) filed his pro se Complaint [1] against at least twenty defendants, most of whom are government entities or high-profile government officials. The Complaint alleges that Defendants President Barack Obama, Hillary Clinton and F.B.I. Director James Comey “conspire[ed] not to arrest and prosecute former secretary of state Hillary Rodham Clinton . . . in regards to Mrs. Clinton using a private email server while serving as secretary of state.” (Compl. at 1). The Complaint further alleges that “the executive branch of the United States Government has violated the separation of powers outlined in the U.S. Constitution . . . by seizing judicial power from the judicial branch of government, ” including because “Defendants Obama, [Loretta] Lynch, Comey, U.S. Dept of Justice are not members of the judiciary, and cannot decide Hillary Clinton's innocence when she clearly violated multiple sections of Title 18 U.S.C.” (Id. at 8). Plaintiff also alleges that “[Edward] Snowden was simply a whistleblower, not a criminal, ” and that Defendants President Barack Obama and U.S. Dept of Justice violated federal law “by bringing criminal charges against Mr. Snowden.” (Compl. at 17).

         Plaintiff did not file proof of service on any of the Defendants within the ninety-day period required by Rule 4(m) of the Federal Rules of Civil Procedure.

         On October 3, 2017, the Court ordered that Plaintiff file, on or before October 16, 2017, proof that service was waived or effectuated on each Defendant. ([4]). The Court admonished Plaintiff that “[f]ailure to do so will result in dismissal of this action.” (Id.).

         On October 13, 2017, Plaintiff filed a Return of Service Unexecuted as to Defendants Frances Mulderig and Jim Owens. ([6]).

         On October 16, 2017, Plaintiff filed a Return of Service for Defendants Rodger Chalmers and the Georgia Department of Revenue. ([7]).

         On October 16, 2017, Plaintiff filed a Return of Service Unexecuted as to Defendant Steven Rafter. ([10]).

         On October 16, 2017, Plaintiff filed purported proofs of service showing that he sent copies of the summons by certified mail to the Civil Process Clerk of the United States Attorney's Office for the Northern District of Georgia. ([11]). The Defendants whom Plaintiff purported to serve by certified mail include the United States Department of State, the Executive Branch, the FBI, former Attorney General Loretta Lynch, former FBI Director James Comey, the DOJ, former Secretary of State Hillary Clinton, President Bill Clinton, James Tatman, President Barack Obama, the IRS, the Clinton Foundation, Patrick Francis Kennedy, and FBI Special Agent R. Stephen Farr. (Id.).

         II. DISCUSSION

         A. Service of Process

         Rule 4 of the Federal Rules of Civil Procedure provides:

         (i) Serving the United States and Its Agencies, Corporations, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.