Jackson v. Find Jodi. Com, Inc
U.S. District Court, District of Minnesota
Jackson v. Find Jodi. Com, Inc
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Tony Dejuan Jackson, Case No. 21-cv-1777 (SRN/DTS)
Plaintiff,
v. ORDER
FindJodi.com, Inc. et al.,
Defendants.
Tony Dejuan Jackson, OID #197562, MCF-Stillwater, 970 Pickett Street North, Bayport,
MN 55003, Pro Se.
SUSAN RICHARD NELSON, United States District Judge
This matter is before the Court on Plaintiff Tony Jackson’s Objection [Doc. No. 15]
to United States Magistrate Judge Leo I. Brisbois’ November 8, 2021 Report and
Recommendation (“R&R”) [Doc. No. 12]. In the R&R, Magistrate Judge Leo I Brisbois
recommended that Jackson’s claims against the Defendant United States District Court,
District of Minnesota be dismissed with prejudice, and Jackson’s remaining claims be
dismissed without prejudice. The magistrate judge also recommended that Jackson’s
Application to Proceed in District Court Without Prepaying Fees or Costs [Doc. No. 2],
Service Motion [Docket No. 5], Copy Motion [Docket No. 7], Counsel Motion, [Docket
No. 9], and Relation Back Motion [Doc. No. 10] be denied as moot. For the reasons set
forth below, the Court overrules Jackson’s Objection, adopts the R&R, dismisses the case,
and denies Jackson’s motions as moot.
I. BACKGROUND
A. Factual History
Plaintiff is currently incarcerated at the Minnesota Correctional Facility in
Stillwater, Minnesota. (Compl. [Doc. No. 1] at 5.) He was previously convicted of sexual
assault in Ramsey, Washington, and Dakota counties. State v. Jackson, No. A16-1013,
2017 WL 1053108, at *1 (Minn. Ct. App. Mar. 20, 2017). The Washington County District Court found him to be a patterned sex offender.Id.
In light of that finding, the Ramsey County District Court sentenced him to a mandatory life sentence underMinn. Stat. § 609.346
, subd. 2a(a) (1996).Id.
Jackson has appealed these convictions in state court.
Id.1
B. Procedural History
On August 3, 2021, Jackson filed the instant action, alleging dozens of unrelated
claims against approximately 21 parties.2 His claims range from slander, money
laundering, and conspiracy to unsafe prison conditions, unconstitutional sentencing, and
the denial of mandatory sex offender treatment. (See Compl. at 49, 50, 61, 69.)
1 Jackson has also filed numerous actions in federal court contesting his convictions and
sentence. See e.g., Jackson v. Bruton, No. 00-cv-02029 (DSD/ESS); Jackson v. Roy, et al.,
No. 11-cv-03738 (DSD/JJK); Jackson v. Roy, et al., No. 11-cv-03739 (DSD/JJK); Jackson
v. Roy, et al., No. 11-cv-03740 (DSD/JJK); Jackson v. Find Jodi, Com Inc et al., No. 20-
cv-00353 (SRN/ECW); Jackson v. Schnell, No. 20-cv-01951 (BCW).
2 As Magistrate Judge Brisbois notes, the caption of the Complaint is unclear. (R&R at 3;
Compl. Caption.)
1. The Report and Recommendation
In the R&R, the magistrate judge carefully screens Jackson’s numerous claims
under 28 U.S.C. § 1915A. He concludes that the claims against Defendant United States
District Court, District of Minnesota must be dismissed because these claims are barred by
the doctrine of sovereign immunity. (R&R at 7.) The magistrate judge also found that the
remaining claims were insufficiently pled and/or violated the rules regarding joinder under
Rule 20(a)(2) of the Federal Rules of Civil Procedure. (Id. at 7–11.) In light of that
conclusion, the magistrate judge recommends dismissal of this action.
2. Jackson’s Objection and Amended Complaint3
Jackson objected to the R&R [Doc. No. 15]. He contends that his complaint should
have been transferred outside of the District of Minnesota, asserting that all Minnesota
federal judges are prohibited from adjudicating his claims under an order issued by Judge
3 Because Jackson believes Magistrate Judge Brisbois has exhibited bias, he filed an
amended complaint. (Am. Compl. [Doc. No. 17] at 1, 61.) The amended complaint
addresses none of the deficiencies identified in the R&R but adds Magistrate Judge
Brisbois as a defendant. (Id.) Magistrate Judge Brisbois is immune from civil suit based on
allegations of misconduct while performing his judicial duties. Hamilton v. City of Hayti,
Missouri, 948 F.3d 921, 925 (8th Cir. 2020) (finding a judge was entitled to absolute immunity for damages caused by a likely invalid warrant, holding that judicial immunity is grounded in a “general principle of the highest importance, that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself”) Thus, in screening Jackson’s amended complaint, the Court finds this additional claim to be frivolous and futile. Dalton v. Fikes, 19-cv-2209 (NEB/LIB),2020 WL 5105776
, at *1 (D. Minn. Aug. 31, 2020) (construing a plaintiff’s “supplement to his complaint,” which contained new causes of action and new defendants, which was filed after a magistrate recommended dismissal pursuant to 28 U.S.C. § 1915A, as a motion to amend, and denying that motion because of futility), aff'd, 20-3475,2021 WL 2201153
(8th Cir. Mar. 1, 2021).
Tunheim in a different lawsuit. (Obj. at 2 (citing Exs. [Doc. No. 16] at S-24).) Citing that
order, Jackson asserts that the Minnesota federal judges are “acting in the absence of all
jurisdiction.” (Obj. at 3.) Additionally, he argues that the “imminent danger” exception
applies to the three strikes rule set forth in 28 U.S.C. 1915(g), and that Rule 8(a)(2) and
rule 20(a)(2) of the Federal Rules of Civil Procedure are inapplicable to his case. (Obj. at
4.) Finally, he alleges that Magistrate Judge Brisbois has shown personal bias or prejudice
towards him. (Obj. at 5–6.)
II. STANDARD OF REVIEW
The district court reviews de novo those portions of the R&R to which a specific
objection is made and “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); accord D. Minn. L.R. 72.2(b). However, “[a] party cannot, in his objections to an R&R, raise arguments that were not clearly presented to the magistrate judge.” Hammann v. 1-800 Ideas.com, Inc.,455 F. Supp. 2d 942
, 947–48 (D. Minn. 2006); Roberts v. Apfel,222 F.3d 466, 470
(8th
Cir. 2000).
As Magistrate Judge Brisbois noted, Jackson is currently incarcerated and therefore,
his complaint is subject to screening under 28 U.S.C §1915A. (Compl. at 5.) The Court is
empowered to dismiss his complaint or any portion of his complaint that is “frivolous,
malicious, or fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915A.
In doing so, the Court is mindful that Jackson proceeds pro se, and will liberally construe
4 The Court cites to the numbering system used by Plaintiff in his Exhibits.
his pleadings. See Sandknop v. Missouri Dept. of Corrections, 932 F.3d 739, 742 (8th Cir.
2019) (finding a pro se litigant’s § 1983 claim was properly dismissed, even when
construed liberally, when his complaint did not contain sufficient allegations to overcome
qualified immunity, this was true even when the complaint was construed liberally).
III. DISCUSSION
A. This Court is Not Disqualified From Ruling on This Case
Jackson objects to the R&R, arguing that all federal judges in Minnesota are
disqualified from ruling on his case. (Obj. at 3.) He is mistaken. First, his argument relies
on an order filed in a different case that has no bearing on this case. Jackson v. Schnell et
al., 0:20-cv-0 1951, September 9, 2020 Order, [Doc. No. 7] (disqualifying all District of
Minnesota Judges and Magistrate Judges from that action). Second, the Court agrees with
Magistrate Judge David T. Schultz5—who has already denied his motion to disqualify—
that “[t]he Court policy that led to plaintiff’s previous case being reassigned has been
modified since that time and there has been no showing to justify taking such action in this
matter.” (January 12, 2022 Order [Doc. No. 19] at 1.)
B. The Minnesota District Court is Entitled to Sovereign Immunity
In his objection, Jackson contends that the District of Minnesota is not entitled to
sovereign immunity because it lacks jurisdiction to hear this case. (Obj. at 3.) The doctrine
of sovereign immunity “shields the Federal Government and its agencies from suit.” Mader
5 Magistrate Judge Schultz was reassigned to Jackson’s case after Jackson filed his
amended complaint, which added Magistrate Judge Brisbois as a Defendant. (See Notice
of Reassignment [Doc. No. 18])
v. United States, 654 F.3d 794, 797(8th Cir. 2011) (citing Fed. Deposit Ins. Corp. v. Meyer,510 U.S. 471, 475
(1994)). Thus, as a federal government entity, the District of Minnesota is shielded from all suits. See Covarrubias v. U.S. Dist. Ct. for Dist. of Nebraska, No. 18- cv-0283 (RGK),2019 WL 2420286
, at *2 (D. Neb. June 10, 2019) (emphasis added).
Jackson makes no showing that the United States waived its sovereign immunity,
and without that waiver, the District Court cannot be sued for any reason. See Laswell v.
Brown, 683 F.2d 261, 268(8th Cir. 1982) (“[T]he United States and its agencies are not proper defendants because of sovereign immunity.”); see also Regis v. Devi, No. 12-cv-1673 (MJD/JJK),2013 WL 1703992
, at *1 (D. Minn. Apr. 19, 2013) (“[T]he
Bankruptcy Court itself is not a proper defendant because it is protected by sovereign
immunity.”). All claims against the United States District Court, District of Minnesota must
be dismissed with prejudice.
C. Jackson’s Objection Invoking the “Imminent Danger” Exception is
Without Merit
Jackson next objects to the R&R by arguing that he is eligible for IFP status. (Obj.
at 3.) A “party cannot, in his objections to an R & R, raise arguments that were not clearly
presented to the magistrate judge.” Hammann v. 1-800 Ideas.com, Inc., 455 F. Supp. 2d
942, 947–48 (D. Minn. 2006) (citing Madol v. Dan Nelson Auto. Group,372 F.3d 997
, 1000 (8th Cir. 2004)). Here, Jackson argues that he is eligible for IFP status under the “imminent danger” exception in28 U.S.C. § 1915
(g), citing Covid-19 exposure. (Obj. at
3.) However, he never raised this issue in his original complaint or his amended complaint.
As explained in Hammann, the Court will not consider this argument because Jackson
failed to present it to the magistrate judge. Hammann, 455 F. Supp. 2d at 947–48.
D. Jackson Has Failed to Comply With Rule 8(a)(2) and Rule 20(a)(2) of
the Federal Rules of Civil Procedure
1. Jackson has Failed to Sufficiently Plead his Claims
Jackson also objects to the R&R by arguing that his complaint is not governed by
Rule 8(a)(2) of the Federal Rules of Civil Procedure. (Obj. at 3.) Plaintiff contends that,
because he alleges fraud in his complaint, it is subject instead to the standards in Rule 9(b).
(Id.) However, Rule 9(b) creates a heightened pleading standard for fraud claims, which
requires that litigants plead circumstances of fraud with particularity. Fed. R. Civ. P. 9(b).
Jackson’s complaint fails to comply with either pleading standard.
2. Jackson has Failed to Comply With the Joinder Requirements
under Rule 20(a)(2)
As Magistrate Judge Brisbois explained, Jackson is free to bring any claim he has
against an individual defendant in a single action under Federal Rule of Civil Procedure
Rule 18(a). Headley v. Bacon, 828 F.2d 1272, 1275(8th Cir. 1987). However, once Jackson brings a claim against two or more defendants, he must satisfy the requirements of Rule 20(a)(2). This means that Jackson must allege that he is suing all defendants because they were involved in one “transaction, occurrence, or series of transactions or occurrences.” Fed. R. Civ. P 20(a)(2). To join multiple defendants, there must be “questions of law or fact in common to all defendants.” In re Prempro Prod. Liab. Litig.,591 F.3d 613, 622
(8th Cir. 2010) (quoting Rule 20(a)(2)). In Jackson’s complaint, no such common question
exists.
Notably, this is not the only action in which Jackson has brought this type of
pleading. See, e.g., Jackson v. Schnell, No. 20- cv-1951 (BCW) Order [Docket No. 17] at
2–3 (D. Minn. Apr. 29, 2021) (explaining that his complaint suffered from misjoinder);
Jackson v. Walz, No. 19-cv-2612 (JNE/LIB) R&R [Docket No. 15] at 5–6 (D. Minn. Feb.
19, 2020) (recommending dismissal of “kitchen-sink pleading”); R&R adopted, 2020 WL
1442641, at *1 (D. Minn. Mar. 24, 2020); Jackson v. Dayton, No. 17-cv-0880 (WMW/TNL),2018 WL 4473403
, at *10 (D. Minn. Apr. 2, 2018), R&R adopted,2018 WL 3696600
(D. Minn. Aug. 3, 2018).
E. Magistrate Judge Brisbois Has Not Shown Bias or Prejudice
Concerning Jackson
Jackson’s final objection to the R&R rests on the argument that Magistrate Judge
Brisbois showed bias and/or prejudice towards Jackson, and therefore the Court should not
adopt his R&R. (Obj. at 4.) Specifically, Jackson contends that the following statement in
the R&R proves bias:
To the extent that Plaintiff wants the Court to review the Complaint Exhibits
to determine what causes of action might apply to various Defendants, the
Court declines the invitation. It is Plaintiff’s job—not the Court’s—to craft
his Complaint. The Court has not looked—and will not look—through the
Complaint Exhibits to find relevant allegations or suggest possible causes of
action.
(R&R at 3 n.3.) Jackson believes that Magistrate Judge Brisbois is “clearly punishing” him
for issues that are unrelated to the complaint. (Obj. at 4.) The Court disagrees.
A brief review of the R&R confirms that the Magistrate Judge does not claim to
have ignored the exhibits that Jackson submitted; instead, he explains that his job ends at
evaluating the claims made—not identifying possible causes of action. (R&R at 3 n.3.) The
Magistrate Judge is correct that he is not responsible for determining what causes of action
fit the submitted exhibits—such is the litigants’ responsibility. See Murrin v. Avidigm
Capital Grp., Inc., No. 7-cv-1295 (PJS/RLE), 2008 WL 11463468, at *10 (D. Minn. Sept.
5, 2008) (declining to look through documents to find “evidence that might establish a
prima facie case” for certain claims (citing cases)). Magistrate Judge Brisbois accurately
stated the law and did not show prejudice or bias towards Jackson. Thus, the Court
overrules Jackson’s objections, and adopts Magistrate Judge Brisbois’ R&R in its entirety.
IV. CONCLUSION
Based on the submissions and the entire file and proceedings herein, IT IS
HEREBY ORDERED that:
1. Plaintiff’s Objection to the Report and Recommendation [Doc. No. 15] is
OVERRULED;
2. The Report and Recommendation [Doc. No. 12] is ADOPTED;
3. Plaintiff’s Complaint [Doc. No. 1] and Amended Complaint [Doc. No. 17] are
DISMISSED as follows
a. Plaintiff’s claims against Defendant “United States District of
Minnesota” and Magistrate Judge Brisbois are DISMISSED with
prejudice;
b. Plaintiff’s remaining claims are DISMISSED without prejudice;
4. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs, [Doc. No. 3] is DENIED as moot;
5. Plaintiff’s “Motion Asking the Court to [Issue an] Order Requiring the United
States Marshal to Serve the Summons and Complaint” [Doc. No. 5] is DENIED
as moot;
6. Plaintiff’s “Motion Requesting Documents be sent free of charge” [Doc. No. 7]
is DENIED as moot;
7. Plaintiff’s “Motion for Appointment Counsel” [Doc. No. 9] is DENIED as
moot; and
8. Plaintiff’s “Motion Requesting a Court Order That Adopts The Relation Back
Amendments Regarding Previously Filed Or Prior Pleadings” [Doc. No. 10] is
DENIED as moot.
Dated: February 4, 2022 s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Tony Dejuan Jackson, Case No. 21-cv-1777 (SRN/DTS)
Plaintiff,
v. ORDER
FindJodi.com, Inc. et al.,
Defendants.
Tony Dejuan Jackson, OID #197562, MCF-Stillwater, 970 Pickett Street North, Bayport,
MN 55003, Pro Se.
SUSAN RICHARD NELSON, United States District Judge
This matter is before the Court on Plaintiff Tony Jackson’s Objection [Doc. No. 15]
to United States Magistrate Judge Leo I. Brisbois’ November 8, 2021 Report and
Recommendation (“R&R”) [Doc. No. 12]. In the R&R, Magistrate Judge Leo I Brisbois
recommended that Jackson’s claims against the Defendant United States District Court,
District of Minnesota be dismissed with prejudice, and Jackson’s remaining claims be
dismissed without prejudice. The magistrate judge also recommended that Jackson’s
Application to Proceed in District Court Without Prepaying Fees or Costs [Doc. No. 2],
Service Motion [Docket No. 5], Copy Motion [Docket No. 7], Counsel Motion, [Docket
No. 9], and Relation Back Motion [Doc. No. 10] be denied as moot. For the reasons set
forth below, the Court overrules Jackson’s Objection, adopts the R&R, dismisses the case,
and denies Jackson’s motions as moot.
I. BACKGROUND
A. Factual History
Plaintiff is currently incarcerated at the Minnesota Correctional Facility in
Stillwater, Minnesota. (Compl. [Doc. No. 1] at 5.) He was previously convicted of sexual
assault in Ramsey, Washington, and Dakota counties. State v. Jackson, No. A16-1013,
2017 WL 1053108, at *1 (Minn. Ct. App. Mar. 20, 2017). The Washington County District Court found him to be a patterned sex offender.Id.
In light of that finding, the Ramsey County District Court sentenced him to a mandatory life sentence underMinn. Stat. § 609.346
, subd. 2a(a) (1996).Id.
Jackson has appealed these convictions in state court.
Id.1
B. Procedural History
On August 3, 2021, Jackson filed the instant action, alleging dozens of unrelated
claims against approximately 21 parties.2 His claims range from slander, money
laundering, and conspiracy to unsafe prison conditions, unconstitutional sentencing, and
the denial of mandatory sex offender treatment. (See Compl. at 49, 50, 61, 69.)
1 Jackson has also filed numerous actions in federal court contesting his convictions and
sentence. See e.g., Jackson v. Bruton, No. 00-cv-02029 (DSD/ESS); Jackson v. Roy, et al.,
No. 11-cv-03738 (DSD/JJK); Jackson v. Roy, et al., No. 11-cv-03739 (DSD/JJK); Jackson
v. Roy, et al., No. 11-cv-03740 (DSD/JJK); Jackson v. Find Jodi, Com Inc et al., No. 20-
cv-00353 (SRN/ECW); Jackson v. Schnell, No. 20-cv-01951 (BCW).
2 As Magistrate Judge Brisbois notes, the caption of the Complaint is unclear. (R&R at 3;
Compl. Caption.)
1. The Report and Recommendation
In the R&R, the magistrate judge carefully screens Jackson’s numerous claims
under 28 U.S.C. § 1915A. He concludes that the claims against Defendant United States
District Court, District of Minnesota must be dismissed because these claims are barred by
the doctrine of sovereign immunity. (R&R at 7.) The magistrate judge also found that the
remaining claims were insufficiently pled and/or violated the rules regarding joinder under
Rule 20(a)(2) of the Federal Rules of Civil Procedure. (Id. at 7–11.) In light of that
conclusion, the magistrate judge recommends dismissal of this action.
2. Jackson’s Objection and Amended Complaint3
Jackson objected to the R&R [Doc. No. 15]. He contends that his complaint should
have been transferred outside of the District of Minnesota, asserting that all Minnesota
federal judges are prohibited from adjudicating his claims under an order issued by Judge
3 Because Jackson believes Magistrate Judge Brisbois has exhibited bias, he filed an
amended complaint. (Am. Compl. [Doc. No. 17] at 1, 61.) The amended complaint
addresses none of the deficiencies identified in the R&R but adds Magistrate Judge
Brisbois as a defendant. (Id.) Magistrate Judge Brisbois is immune from civil suit based on
allegations of misconduct while performing his judicial duties. Hamilton v. City of Hayti,
Missouri, 948 F.3d 921, 925 (8th Cir. 2020) (finding a judge was entitled to absolute immunity for damages caused by a likely invalid warrant, holding that judicial immunity is grounded in a “general principle of the highest importance, that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself”) Thus, in screening Jackson’s amended complaint, the Court finds this additional claim to be frivolous and futile. Dalton v. Fikes, 19-cv-2209 (NEB/LIB),2020 WL 5105776
, at *1 (D. Minn. Aug. 31, 2020) (construing a plaintiff’s “supplement to his complaint,” which contained new causes of action and new defendants, which was filed after a magistrate recommended dismissal pursuant to 28 U.S.C. § 1915A, as a motion to amend, and denying that motion because of futility), aff'd, 20-3475,2021 WL 2201153
(8th Cir. Mar. 1, 2021).
Tunheim in a different lawsuit. (Obj. at 2 (citing Exs. [Doc. No. 16] at S-24).) Citing that
order, Jackson asserts that the Minnesota federal judges are “acting in the absence of all
jurisdiction.” (Obj. at 3.) Additionally, he argues that the “imminent danger” exception
applies to the three strikes rule set forth in 28 U.S.C. 1915(g), and that Rule 8(a)(2) and
rule 20(a)(2) of the Federal Rules of Civil Procedure are inapplicable to his case. (Obj. at
4.) Finally, he alleges that Magistrate Judge Brisbois has shown personal bias or prejudice
towards him. (Obj. at 5–6.)
II. STANDARD OF REVIEW
The district court reviews de novo those portions of the R&R to which a specific
objection is made and “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); accord D. Minn. L.R. 72.2(b). However, “[a] party cannot, in his objections to an R&R, raise arguments that were not clearly presented to the magistrate judge.” Hammann v. 1-800 Ideas.com, Inc.,455 F. Supp. 2d 942
, 947–48 (D. Minn. 2006); Roberts v. Apfel,222 F.3d 466, 470
(8th
Cir. 2000).
As Magistrate Judge Brisbois noted, Jackson is currently incarcerated and therefore,
his complaint is subject to screening under 28 U.S.C §1915A. (Compl. at 5.) The Court is
empowered to dismiss his complaint or any portion of his complaint that is “frivolous,
malicious, or fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915A.
In doing so, the Court is mindful that Jackson proceeds pro se, and will liberally construe
4 The Court cites to the numbering system used by Plaintiff in his Exhibits.
his pleadings. See Sandknop v. Missouri Dept. of Corrections, 932 F.3d 739, 742 (8th Cir.
2019) (finding a pro se litigant’s § 1983 claim was properly dismissed, even when
construed liberally, when his complaint did not contain sufficient allegations to overcome
qualified immunity, this was true even when the complaint was construed liberally).
III. DISCUSSION
A. This Court is Not Disqualified From Ruling on This Case
Jackson objects to the R&R, arguing that all federal judges in Minnesota are
disqualified from ruling on his case. (Obj. at 3.) He is mistaken. First, his argument relies
on an order filed in a different case that has no bearing on this case. Jackson v. Schnell et
al., 0:20-cv-0 1951, September 9, 2020 Order, [Doc. No. 7] (disqualifying all District of
Minnesota Judges and Magistrate Judges from that action). Second, the Court agrees with
Magistrate Judge David T. Schultz5—who has already denied his motion to disqualify—
that “[t]he Court policy that led to plaintiff’s previous case being reassigned has been
modified since that time and there has been no showing to justify taking such action in this
matter.” (January 12, 2022 Order [Doc. No. 19] at 1.)
B. The Minnesota District Court is Entitled to Sovereign Immunity
In his objection, Jackson contends that the District of Minnesota is not entitled to
sovereign immunity because it lacks jurisdiction to hear this case. (Obj. at 3.) The doctrine
of sovereign immunity “shields the Federal Government and its agencies from suit.” Mader
5 Magistrate Judge Schultz was reassigned to Jackson’s case after Jackson filed his
amended complaint, which added Magistrate Judge Brisbois as a Defendant. (See Notice
of Reassignment [Doc. No. 18])
v. United States, 654 F.3d 794, 797(8th Cir. 2011) (citing Fed. Deposit Ins. Corp. v. Meyer,510 U.S. 471, 475
(1994)). Thus, as a federal government entity, the District of Minnesota is shielded from all suits. See Covarrubias v. U.S. Dist. Ct. for Dist. of Nebraska, No. 18- cv-0283 (RGK),2019 WL 2420286
, at *2 (D. Neb. June 10, 2019) (emphasis added).
Jackson makes no showing that the United States waived its sovereign immunity,
and without that waiver, the District Court cannot be sued for any reason. See Laswell v.
Brown, 683 F.2d 261, 268(8th Cir. 1982) (“[T]he United States and its agencies are not proper defendants because of sovereign immunity.”); see also Regis v. Devi, No. 12-cv-1673 (MJD/JJK),2013 WL 1703992
, at *1 (D. Minn. Apr. 19, 2013) (“[T]he
Bankruptcy Court itself is not a proper defendant because it is protected by sovereign
immunity.”). All claims against the United States District Court, District of Minnesota must
be dismissed with prejudice.
C. Jackson’s Objection Invoking the “Imminent Danger” Exception is
Without Merit
Jackson next objects to the R&R by arguing that he is eligible for IFP status. (Obj.
at 3.) A “party cannot, in his objections to an R & R, raise arguments that were not clearly
presented to the magistrate judge.” Hammann v. 1-800 Ideas.com, Inc., 455 F. Supp. 2d
942, 947–48 (D. Minn. 2006) (citing Madol v. Dan Nelson Auto. Group,372 F.3d 997
, 1000 (8th Cir. 2004)). Here, Jackson argues that he is eligible for IFP status under the “imminent danger” exception in28 U.S.C. § 1915
(g), citing Covid-19 exposure. (Obj. at
3.) However, he never raised this issue in his original complaint or his amended complaint.
As explained in Hammann, the Court will not consider this argument because Jackson
failed to present it to the magistrate judge. Hammann, 455 F. Supp. 2d at 947–48.
D. Jackson Has Failed to Comply With Rule 8(a)(2) and Rule 20(a)(2) of
the Federal Rules of Civil Procedure
1. Jackson has Failed to Sufficiently Plead his Claims
Jackson also objects to the R&R by arguing that his complaint is not governed by
Rule 8(a)(2) of the Federal Rules of Civil Procedure. (Obj. at 3.) Plaintiff contends that,
because he alleges fraud in his complaint, it is subject instead to the standards in Rule 9(b).
(Id.) However, Rule 9(b) creates a heightened pleading standard for fraud claims, which
requires that litigants plead circumstances of fraud with particularity. Fed. R. Civ. P. 9(b).
Jackson’s complaint fails to comply with either pleading standard.
2. Jackson has Failed to Comply With the Joinder Requirements
under Rule 20(a)(2)
As Magistrate Judge Brisbois explained, Jackson is free to bring any claim he has
against an individual defendant in a single action under Federal Rule of Civil Procedure
Rule 18(a). Headley v. Bacon, 828 F.2d 1272, 1275(8th Cir. 1987). However, once Jackson brings a claim against two or more defendants, he must satisfy the requirements of Rule 20(a)(2). This means that Jackson must allege that he is suing all defendants because they were involved in one “transaction, occurrence, or series of transactions or occurrences.” Fed. R. Civ. P 20(a)(2). To join multiple defendants, there must be “questions of law or fact in common to all defendants.” In re Prempro Prod. Liab. Litig.,591 F.3d 613, 622
(8th Cir. 2010) (quoting Rule 20(a)(2)). In Jackson’s complaint, no such common question
exists.
Notably, this is not the only action in which Jackson has brought this type of
pleading. See, e.g., Jackson v. Schnell, No. 20- cv-1951 (BCW) Order [Docket No. 17] at
2–3 (D. Minn. Apr. 29, 2021) (explaining that his complaint suffered from misjoinder);
Jackson v. Walz, No. 19-cv-2612 (JNE/LIB) R&R [Docket No. 15] at 5–6 (D. Minn. Feb.
19, 2020) (recommending dismissal of “kitchen-sink pleading”); R&R adopted, 2020 WL
1442641, at *1 (D. Minn. Mar. 24, 2020); Jackson v. Dayton, No. 17-cv-0880 (WMW/TNL),2018 WL 4473403
, at *10 (D. Minn. Apr. 2, 2018), R&R adopted,2018 WL 3696600
(D. Minn. Aug. 3, 2018).
E. Magistrate Judge Brisbois Has Not Shown Bias or Prejudice
Concerning Jackson
Jackson’s final objection to the R&R rests on the argument that Magistrate Judge
Brisbois showed bias and/or prejudice towards Jackson, and therefore the Court should not
adopt his R&R. (Obj. at 4.) Specifically, Jackson contends that the following statement in
the R&R proves bias:
To the extent that Plaintiff wants the Court to review the Complaint Exhibits
to determine what causes of action might apply to various Defendants, the
Court declines the invitation. It is Plaintiff’s job—not the Court’s—to craft
his Complaint. The Court has not looked—and will not look—through the
Complaint Exhibits to find relevant allegations or suggest possible causes of
action.
(R&R at 3 n.3.) Jackson believes that Magistrate Judge Brisbois is “clearly punishing” him
for issues that are unrelated to the complaint. (Obj. at 4.) The Court disagrees.
A brief review of the R&R confirms that the Magistrate Judge does not claim to
have ignored the exhibits that Jackson submitted; instead, he explains that his job ends at
evaluating the claims made—not identifying possible causes of action. (R&R at 3 n.3.) The
Magistrate Judge is correct that he is not responsible for determining what causes of action
fit the submitted exhibits—such is the litigants’ responsibility. See Murrin v. Avidigm
Capital Grp., Inc., No. 7-cv-1295 (PJS/RLE), 2008 WL 11463468, at *10 (D. Minn. Sept.
5, 2008) (declining to look through documents to find “evidence that might establish a
prima facie case” for certain claims (citing cases)). Magistrate Judge Brisbois accurately
stated the law and did not show prejudice or bias towards Jackson. Thus, the Court
overrules Jackson’s objections, and adopts Magistrate Judge Brisbois’ R&R in its entirety.
IV. CONCLUSION
Based on the submissions and the entire file and proceedings herein, IT IS
HEREBY ORDERED that:
1. Plaintiff’s Objection to the Report and Recommendation [Doc. No. 15] is
OVERRULED;
2. The Report and Recommendation [Doc. No. 12] is ADOPTED;
3. Plaintiff’s Complaint [Doc. No. 1] and Amended Complaint [Doc. No. 17] are
DISMISSED as follows
a. Plaintiff’s claims against Defendant “United States District of
Minnesota” and Magistrate Judge Brisbois are DISMISSED with
prejudice;
b. Plaintiff’s remaining claims are DISMISSED without prejudice;
4. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs, [Doc. No. 3] is DENIED as moot;
5. Plaintiff’s “Motion Asking the Court to [Issue an] Order Requiring the United
States Marshal to Serve the Summons and Complaint” [Doc. No. 5] is DENIED
as moot;
6. Plaintiff’s “Motion Requesting Documents be sent free of charge” [Doc. No. 7]
is DENIED as moot;
7. Plaintiff’s “Motion for Appointment Counsel” [Doc. No. 9] is DENIED as
moot; and
8. Plaintiff’s “Motion Requesting a Court Order That Adopts The Relation Back
Amendments Regarding Previously Filed Or Prior Pleadings” [Doc. No. 10] is
DENIED as moot.
Dated: February 4, 2022 s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge Reference
- Status
- Unknown