United States District Court, W.D. Kentucky, Louisville Division
JAMES M. MACHOT, Plaintiff,
UNITED STATES, Defendant.
MEMORANDUM OPINION AND ORDER
J. Hale, Judge
James M. Machot filed the instant pro se action. He
also filed an application to proceed without the prepayment
of fees (DN 4), which is GRANTED. For the
foregoing reasons, the action will be dismissed for failure
to meet the pleading standard under Fed.R.Civ.P. 8 and for
lack of subject-matter jurisdiction under Fed.R.Civ.P.
filed his complaint on the Court-approved complaint form for
filing a civil case. He lists Defendants as the United States
and “LBGTQ Group.” Where the complaint form asks
the filer to state the basis for this Court's
jurisdiction, Plaintiff checks the boxes for both federal
question and for diversity of citizenship jurisdiction. Where
the form asks for the basis for federal question
jurisdiction, Plaintiff writes, “The fouth amend, five
amend, 6, 7, etc.” In the statement-of-claim portion of
the form, he states, “I had been under assaulted for
years, with no reason. I tell the truth for the
beginning.” In the relief section, Plaintiff writes,
“up to the Court to discision.” There are no
other allegations in the complaint.
same day he filed the complaint, Plaintiff also filed a
motion captioned as a motion “to stop the abuse of
power” (DN 3). Therein, he states, “My whole life
has been downloaded and translated into different languages.
After 9-11, interrogation techniques was used against me.
They torture by trying to grow the breath on my own chest,
and I was left with wondered whether they sterile me without
my attention . . . .” He also maintains the following:
They put me under surveillance for years. Now I am just only
as a victim with no rights to the attorney or lawyer. I was
under search for years and they broken into my medical
records, and they found my frozen sperms that I had storage
for the future used, and they give them to the women I
don't know about them that much. The children are now
growing up without me. Imagine a child's looking for his
father on the street what it feels like for that child.
further states, “Now it's time to stop this group
of LGBTQ people. They have been assaulted me for years and my
families. They are using the power or tools of the govt - to
survil - and sexually abused the vulnerable children.
That's the seriously violention of children's
rights.” Plaintiff also reports that he was sexually
assaulted as a teenager and still struggles with the effects.
He states, “This a constitution's crisis.”
Shortly after filing the complaint, Plaintiff filed an
amended motion “to stop the abuse of power” (DN
5). It appears to be a copy of the first motion requesting
“to stop the abuse of power” with no substantive
changes but several alterations to words printed therein.
Among other alterations, the amended motion states,
“They torture by trying to grow the breast on my own
chest, and I was left with wondered whether they steriled me
without my attention . . . .” Plaintiff also filed an
amended complaint (DN 6), which contains no substantive
changes to the original complaint. He also filed an amended
complaint on the Court's form for filing a complaint for
employment discrimination. He lists the United States in the
caption. He checks boxes indicating that he is suing under
Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, and the Americans with
Disabilities Act. He also cites, “The fouth amend, 5,
6, 7, etc.” In the statement-of-the-claim portion of
the complaint form, Plaintiff states, “Being kept
isolated for so long without info[, ]” and he indicates
that he was discriminated against based on his race, color,
gender/sex, religion, national origin, and age. He states no
facts in support of his claims. The Court will consider all
of Plaintiff's filings in assessing his claims herein.
of the Federal Rules of Civil Procedure requires that a
(1) a short and plain statement of the grounds for the
court's jurisdiction, unless the court already has
jurisdiction and the claim needs no new jurisdictional
(2) a short and plain statement of the claim showing that the
pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief
in the alternative or different types of relief.
Fed. R. Civ. P. 8(a).
review of Plaintiff's complaint and other filings, he
fails to meet this standard. He fails to provide an adequate
statement of his claim. Plaintiff's references in his
complaint to constitutional amendments and his statement that
“I had been under assaulted for years, with no
reason” are not sufficient to give Defendants
“fair notice” of his claims against them.
Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512
(2002) (indicating that the short and plain statement of
claim must “‘give the defendant fair notice of
what the plaintiff's claim is and the grounds upon which
it rests'”) (citation omitted). Moreover,