United States District Court, W.D. Kentucky, Bowling Green Division
N. Stivers, Judge
James Frederick Williams filed a pro se, in
forma pauperis complaint. He later filed a “Motion
to Proceed with Suit” (DN 5), which the Court construes
as an amendment to the complaint. This matter is before the
Court for screening of the complaint and amendment pursuant
to 28 U.S.C. § 1915(e)(2) and McGore v.
Wrigglesworth, 114 F.3d 601 (6th Cir. 1997),
overruled on other grounds by Jones v. Bock, 549
U.S. 199 (2007). For the reasons set forth below, the action
will be dismissed.
STATEMENT OF CLAIMS
complaint, Plaintiff, who designates himself as “a
natural living person” residing in Warren County,
Kentucky, asserts federal question jurisdiction under 28
U.S.C. § 1331. He sues Thomas P. Skelly, “a living
person, d/b/a, Department of Education . . . an unknown
entity, believed to be authorized to do business in the state
of Pennsylvania.” As his “Statement of Facts,
” Plaintiff states:
1. On or about November 13, 2017, the Plaintiff did execute
and deliver (1) contract/bond in the amount of $212, 032.25
promising to pay Thomas P. Skelly, an agent believed to be
acting for said Defendant in this cause of action . . . .
2. The Defendant(s) has dishonored and not accepted the
contract/bond. . . .
3. The Defendant breached the contract/bond.
4. The plaintiff states that the contract/bond is backed by
the Negotiable Instrument Act, 1881; Public Law 73-10,
Chapter 48, Statute 112; U.S.C. 411; Securities Act 2 (1), 3
(a)(3); Congressional Statute At Large, Title 62; U.S.
Supreme Court; and settlement in the terms of the Uniform
(DN 1, Compl.) (emphasis by Plaintiff).
complaint, Plaintiff attaches a copy of the
“contract/bond” he indicates he delivered to
Defendant. Therein, he declares:
There appearing no bond, contract or title of record entered
by claimant(s) to initiate the matter(s) alleged by the U.S.
Department of Education, regarding SSN: ***-**-****.
I, issue this bond to discharge all debt in the matter(s) of
SSN: ***-**-****, dischargeable to the U.S. Department of
Education, as mandated by Public Policy through the Bureau of
Public Debt. In that no lawful money of account exists in
circulation and in consideration thereof, I have suffered
dishonor by the U.S. Department of Education, regarding SSN:
I, James Frederick Williams, principal, as surety, am held
and firmly bound to the U.S. Department of Education for the
sum of: $12, 032.25 unless the alleged debtor JAMES F.
WILLIAMS, Ens legis, shall satisfy any debt which may be
recovered against it by alleged creditor, the U.S. Department
of Education, for the attachment(s) of alleged debtor JAMES
F. WILLIAMS, Ens legis, for the sum certain of: $12, 032.25,
returnable to the U.S. Department of Education . . . . Please
adjust the aforesaid account to zero balance, in accord with
HJR-192 of June 5th, 1933; Public Law 73-10 and 31 U.S.C.
371, whereas this negotiable note being a negotiable
instrument is hereby tendered in good faith.
This BOND payable to the U.S. Department of Education is
redeemable, on after November 13th, ...