United States District Court, D. Colorado
RECOMMENDATION REGARDING DEFENDANT'S MOTION TO
DISMISS
GORDON
P. GALLAGHER UNITED STATES MAGISTRATE JUDGE
This
matter comes before the Court on a motion to dismiss filed by
Defendant (ECF # 15), [1] Plaintiff's pro
se[2] response (titled reply) (ECF# 16) and
Defendant's reply (ECF #17). The motion has been referred
to this Magistrate Judge for recommendation (ECF
#25).[3] The Court has reviewed the pending motion,
response, reply and all attachments. The Court has also
considered the entire case file, the applicable law, and is
sufficiently advised in the premises. Oral argument has not
been requested and the Court finds that it is not necessary
in this circumstance. This Magistrate Judge respectfully
recommends that the motion be GRANTED.
This
matter, which was removed from state court, was instigated by
the filing of Plaintiff's “notice of default in
dishonor” (ECF #26, pp. 6-7) and a letter to
“Corey” dated June 4, 2018 (ECF #26, pp. 3-5).
Additionally, other documents have been filed in this action
which appear to be in the nature of a complaint. See
amendment/supplement notice of removal (ECF #12). As noted
above, this matter comes before the Court after being removed
from the state court, to wit, Mesa County. The manner of
removal was haphazard at best and it is not entirely clear to
the Court what the Plaintiff intended to construe as her
initial complaint. As Plaintiff proceeds pro se, and
as I must liberally construe the pleading consistent with
Haines and Hall, see fn. 2, I am
casting a wider net in terms of review of the initial
pleadings.
Plaintiff's
claims
As
discerned from the various documents set forth below, which
may or may not actually be Plaintiff's complaint, the
Court construes that Plaintiff is attempting to proceed on
the following supposed causes of action: (1) unauthorized use
of intellectual property; (2) theft of copyrighted materials;
(3) defamation; (4) slander; (5) libel; (5) fraudulent
stalking; and (6) fraud.
Notice
of Default in Dishonor (ECF #26, pp. 6-7)
This
document appears to the Court to be in the nature of a
certificate of service. Therein, Plaintiff informs
“Respondent, ” James Corey Goode, of a number of
documents he has purportedly be presented with and that he
has “one week . . .to accept my offer for remedy
revised.” Id. This document does not state a
claim upon which relief can be granted, in no way complies
with the pleading requirements of Rule 8, and bears no
further discussion.
Letter
to Corey dated June 4, 2018 (ECF #26, pp. 3-6)
This
letter makes no claim for relief and bears no further
discussion.
Amendment/Supplement
Notice of Removal (ECF #12)
a.
Motion to Order, cease and desist unauthorized use of
intellectual property, dream visions, copyrighted materials
and defamation of character (ECF #12-1):
Plaintiff
claims that Mr. Goode “has been using [Plaintiff's]
intellectual property, dream visions, and copyrighted
materials to his benefit.” Id. at p. 2, para.
(a).
Plaintiff
claims that Mr. Goode “agrees he and associates plan to
continue to use [Plaintiff's] materials to their benefit
and [Plaintiff's] detriment.” Id. at p. 2,
para. (b).
Plaintiff
claims that Mr. Goode has been libeling, slandering,
defaming, and fraudulently stalking ...