United States District Court, N.D. Georgia, Atlanta Division
THOMAS K. BUSH, Plaintiff,
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
matter is before the Court on Defendants Roger Chalmers
(“Chalmers”) and the Georgia Department of
Revenue's (“GDOR”) Motion to Dismiss  and
Motion to Stay ; Plaintiff Thomas K. Bush's
(“Plaintiff”) Motion for Relief from Court Order
, Motion for Sanctions , Motion for Defendants to
Comply , Motion for Court Conference , and Motion for
Sanctions ; 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  and Motion
to Stay .
October 31, 2016, Plaintiff Thomas K. Bush
(“Plaintiff”) filed his pro se Complaint
 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.
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.
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. (). The Court admonished
Plaintiff that “[f]ailure to do so will result in
dismissal of this action.” (Id.).
October 13, 2017, Plaintiff filed a Return of Service
Unexecuted as to Defendants Frances Mulderig and Jim Owens.
October 16, 2017, Plaintiff filed a Return of Service for
Defendants Rodger Chalmers and the Georgia Department of
October 16, 2017, Plaintiff filed a Return of Service
Unexecuted as to Defendant Steven Rafter. ().
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.
(). 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.).
Service of Process
of the Federal Rules of Civil Procedure provides:
Serving the United States and Its Agencies, Corporations,