Opinion
No. 04-4014-SAC.
December 2, 2004
ORDER
The plaintiff appearing pro se filed a complaint entitled, "Motion for Leave to File Amendment I Grievance Complaint," and paid the required filing fee. Based on subsequent filings, the plaintiff's suit appears to be an effort to have this court direct the Clerk of the Supreme Court of the United States to file his application to United States Supreme Court Justice Stephen Breyer which challenges the constitutionality of the government's action in going to war against Iraq. The court issued an order to show cause why the case should not be dismissed for lack of prosecution. (Dk. 3).
The plaintiff has responded with various e-mails to the court and two filings. The filings show the plaintiff served a new pleading entitled, "Writ of Precipae," by Federal Express upon the Attorney General, civil process clerk at the office of the United States Attorney, and the Clerk of the Supreme Court. (Dks. 6 and 7). These filings offer no good cause for why the court should not dismiss this action without prejudice for failure to prosecute the action in compliance with the Federal Rules of Civil Procedure. Despite being on file for over ten months, the plaintiff has yet to secure proper service of a summons and complaint. Even assuming the plaintiff had accomplished this, the court seriously doubts that subject matter jurisdiction would exist.
IT IS THEREFORE ORDERED that this action is dismissed without prejudice for the reasons stated above.