6:26-cv-01060•Emrit v. Obama et al
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS RONALD SATISH EMRIT, ) ) Plaintiff, ) ) v. ) Case No. 26-1060-HLT-ADM ) BARACK HUSSEIN OBAMA, et al., ) ) Defendants. ) REPORT AND RECOMMENDATION Pro se plaintiff Ronald Satish Emrit (“Emrit”) brings suit against former President Barack Hussein Obama, Michelle Obama, former President Joe Biden, Jill Biden, Hunter Biden, Supreme Court Justice Ketanji Brown-Jackson, Former Prince of the Windsors Andrew (lnu), and British Prime Minister Keir Starmer (collectively, “defendants”). (ECF 1.) When Emrit filed his complaint, he also filed a Motion for Leave to Proceed in forma pauperis (“IFP”). (ECF 3.) As discussed in further detail below, the court recommends that the presiding district judge deny Emrit’s motion to proceed IFP and further recommends that the court dismiss Emrit’s complaint. I. THE COURT RECOMMENDS DENYING THE MOTION TO PROCEED IFP. Title 28 U.S.C. § 1915 allows courts to authorize commencing a civil action “without prepayment of fees or security therefor, by a person who submits an affidavit that . . . the person is unable to pay such fees or give security therefor.” Proceeding IFP “in a civil case is a privilege, not a right—fundamental or otherwise.” White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998). The decision to grant or deny IFP status under § 1915 lies within “the sound discretion of the district court.” Engberg v. Wyoming, 265 F.3d 1109, 1122 (10th Cir. 2001). Although the court finds that Emrit is likely unable to pay the required filing fee based on the financial affidavit he Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 1 of 9
2 provided in support of his motion, the undersigned nevertheless recommends that the court exercise its discretion and deny Emrit’s motion to proceed IFP for the reasons discussed below. First, Emrit is a well-documented serial pro se filer who, since approximately 2013, has used his IFP status to file hundreds of frivolous lawsuits all over the country. In this latest round of cases, Emrit has filed at least 11 other actions against these same defendants in other federal district courts alleging the same claims as in this case: 1. Emrit v. Obama et al., No. 3:2026-cv-03083 (C.D. Ill.) (filed Mar. 11, 2026). 2. Emrit v. Obama et al., No 1:2026-cv-00393, (N.D.N.Y.) (filed Mar. 12, 2026) 3. Emrit v. Obama et al., No. 6:26-cv-00067 (E.D. Okla.) (filed Mar. 10, 2026) 4. Emrit v. Obama et al., No. 5:26-cv-00154 (E.D.N.C.) (filed March 12, 2026) 5. Emrit v. Obama et al., No. 2:26-cv-00207 (D. Utah) (filed Mar. 13, 2026) 6. Emrit v. Obama et al., No. 1:26-cv-11216 (D. Mass.) (filed Mar. 10, 2026) 7. Emrit v. Obama et al., No. 3:26-cv-03010 (D.S.D.) (filed Mar. 9, 2026) 8. Emrit v. Obama et al., No. 3:26-cv-00106 (E.D. Tenn.) (filed Mar. 10, 2026) 9. Emrit v. Obama et al., No. 1:26-cv-00065 (D.N.D.) (filed Mar. 9, 2026) 10. Emrit v. Obama et al., No. 26-cv-00136 (N.D. Okla.) (filed Mar. 10, 2026) 11. Emrit v. Obama et al., No. 3:26-cv-00110 (D. Alaska) (filed Mar. 10, 2026) The district judge presiding over Emrit’s case in the U.S. District Court for the Central District of Illinois has already issued an order denying Emrit’s IFP motion and dismissing the complaint with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. Emrit v. Obama, No. 26-cv-3083, 2026 WL 690452, at *2 (C.D. Ill. Mar. 11, 2026) (dismissing complaint with prejudice because plaintiff’s allegations “make no rational argument in law or facts to support his claim for relief”). Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 2 of 9
3 Second, the court has serious questions about the propriety of venue and whether this court has personal jurisdiction over any of the defendants in this case. Emrit’s complaint contains no allegations supporting venue in the District of Kansas. Under the federal venue statutes, a civil action may only be brought in “a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located,” or in “a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.” 28 U.S.C. § 1391(b)(1)-(2). Emrit’s complaint contains no allegation that any defendant resides in the State of Kansas, nor does it allege any connection between the District of Kansas and the events and parties named in the complaint that would satisfy the venue requirements of federal law. And, although a case may be transferred to cure a lack of venue (in lieu of dismissal) if the transfer is in the interest of justice, 28 U.S.C. § 1406(a), the court finds no cause to conclude that a transfer is in the interest of justice given that Emrit has filed the same complaint in at least 11 other districts, and the complaint has been dismissed by at least one of those district courts. It therefore appears that venue is improper in this action based on the face of the complaint as well as Emrit’s filing of nearly identical complaints in 11 other venues. See Trujillo v. Williams, 465 F.3d 1210, 1217 (10th Cir. 2006) (where the defense of improper venue is “obvious from the face of the complaint and no further factual record is required to be developed,” the court may, sua sponte, dismiss the case). Likewise, the complaint makes no allegations supporting personal jurisdiction over defendants. A court considering whether it has personal jurisdiction over a defendant must determine “(1) whether the applicable statute potentially confers jurisdiction by authorizing service of process on the defendant and (2) whether the exercise of jurisdiction comports with due process.” Klein v. Cornelius, 786 F.3d 1310, 1317 (10th Cir. 2015). The Federal Tort Claims Act, Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 3 of 9
4 which Emrit asserts in his complaint, does not authorize nationwide service of process. Service is therefore governed by Federal Rule of Civil Procedure 4(k)(1)(A), which requires the court “to apply the law of the state in which the district court sits.” Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 514 F.3d 1063, 1070 (10th Cir. 2008). “[T]he Kansas long-arm statute is construed liberally so as to allow jurisdiction to the full extent permitted by due process.” OMI Holdings, Inc. v. Royal Ins. Co. of Canada, 149 F.3d 1086, 1090 (10th Cir. 1998). The court therefore analyzes whether personal jurisdiction over defendants is appropriate under the Due Process Clause. See id. Due process requires that a defendant “purposefully established minimum contacts within the forum State” and that asserting personal jurisdiction over the defendant “comport[s] with ‘fair play and substantial justice.’” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 476 (1985) (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 320 (1945)). A court may have general personal jurisdiction or specific personal jurisdiction over an out-of-state defendant. See Old Republic Ins. Co. v. Cont’l Motors, Inc., 877 F.3d 895, 903-04 (10th Cir. 2017). General personal jurisdiction— exercising jurisdiction for all purposes—is appropriate where a defendant’s “affiliations with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum State.” Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011) (quoting Int’l Shoe, 326 U.S. at 317). A court may exercise specific personal jurisdiction over an out-of-state defendant “only if the cause of action relates to the party’s contacts with the forum state.” Old Republic, 877 F.3d at 904. Central to the specific personal jurisdiction analysis is whether the defendant “purposefully directed its activities at residents of the forum state,” and whether “the plaintiff’s injuries [arose] out of [the] defendant’s forum-related activities.” Id. (second alteration in original). Here, Emrit’s complaint does not allege that any defendant has continuous and Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 4 of 9
5 systematic affiliations with the state of Kansas or that any defendant has intentionally directed relevant activities at Kansas residents. Indeed, the complaint is completely devoid of any mention of Kansas but for the case caption. Accordingly, there appears to be no basis for this court to exercise general or specific personal jurisdiction over defendants. All of these considerations lead the court to conclude that there is no valid reason for the court to exercise its discretion to grant IFP status in this case. Nothing in Emrit’s complaint suggests that personal jurisdiction and venue are somehow more viable and proper in this court than in the at least 11 other courts where he has filed nearly identical lawsuits. As such, there is no reason to grant him leave to proceed IFP so that he can simultaneously pursue multiple similar lawsuits in courts all over the country. Indeed, other courts have told Emrit that “[a] plaintiff cannot simultaneously litigate the same case in two different courts,” Emrit v. Combs, No. 24-cv- 007, 2024 WL 1511952, at *1 (N.D. Fla. Feb. 1, 2024), report and recommendation adopted, No. 4:24-CV-7-AW-MAF, 2024 WL 1585933 (N.D. Fla. Apr. 11, 2024), and that it is “clearly improper and an abuse of the judicial process to pursue identical claims in multiple jurisdictions,” Emrit v. Devos, No. 20-cv-34, 2020 WL 1669872, at *2 (N.D. Fla. Mar. 4, 2020), report and recommendation adopted, 2020 WL 1668050 (N.D. Fla. Apr. 3, 2020), aff'd sub nom. Emrit v. Sec’y, United States Dep’t of Educ., 829 F. App’x 474 (11th Cir. 2020); see also Emrit v. Universal Music Grp., No. 19-cv-5984, 2019 WL 6251365, at *2 (W.D. Wash. Nov. 4, 2019), report and recommendation adopted, 2019 WL 6251192 (W.D. Wash. Nov. 22, 2019) (dismissing case under the “first-to-file rule” and noting that Emrit filed his case in the Western District of Washington within a week of initiating the “same lawsuit by filing the same complaint, naming the same Defendants, in both the Central District of California and the Middle District of Florida”). Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 5 of 9
6 For all of these reasons, the undersigned recommends that the court deny Emrit’s motion to proceed IFP and that Emrit be ordered to pay the required filing fee within fourteen days of an order adopting this report. The court further recommends that, if Emrit does not pay the required filing fee within fourteen days, this case be dismissed without prejudice. II. ALTERNATIVELY, THE COURT RECOMMENDS DISMISSING EMRIT’S COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION. In the event the presiding district judge, in her discretion, allows Emrit to proceed IFP, the undersigned recommends that the court proceed to dismiss Emrit’s complaint. The court may dismiss an IFP plaintiff’s complaint if it determines that the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). The purpose of § 1915(e)(2) is to “discourage the filing of, and waste of judicial and private resources upon, baseless lawsuits that paying litigants generally do not initiate.” Buchheit v. Green, 705 F.3d 1157, 1161 (10th Cir. 2012). In addition, “[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” FED. R. CIV. P. 12(h)(3). “[F]ederal courts are courts of limited subject-matter jurisdiction,” and they “may only hear cases when empowered to do so by the Constitution and by act of Congress.” Gad v. Kan. State Univ., 787 F.3d 1032, 1035 (10th Cir. 2015) (quotation omitted). To proceed in federal court, a plaintiff has the burden to establish subject-matter jurisdiction, which is ordinarily accomplished through diversity jurisdiction under 28 U.S.C. § 1332 or federal-question jurisdiction under 28 U.S.C. § 1331. Diversity jurisdiction exists where the parties have complete diversity of citizenship and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332. Federal-question jurisdiction exists where claims arise under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1331. Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 6 of 9
7 To determine whether a plaintiff has adequately alleged subject-matter jurisdiction, the court looks to the face of the complaint. Penteco Corp. v. Union Gas Sys., Inc., 929 F.2d 1519, 1521 (10th Cir. 1991). Although the court liberally construes a pro se plaintiff’s pleadings, it does not assume the role of his advocate, and it may not “supply additional factual allegations to round out a plaintiff’s complaint or construct a legal theory on a plaintiff’s behalf.” McCoy v. Kansas, No. 16-2129-JAR, 2016 WL 3549100, at *2 (D. Kan. June 30, 2016) (citations omitted); see also Tatten v. City & Cty. of Denver, 730 F. App’x 620, 624 (10th Cir. 2018). In screening Emrit’s complaint, the court finds that it does not establish this court’s subject- matter jurisdiction. The complaint does not allege the citizenship of any of the parties, so there is no basis for diversity jurisdiction.1 Emrit’s complaint appears to rest on federal question jurisdiction. ECF 1, at 3 (“Therefore, a federal question is presented by the implication of the black-letter law of the aforementioned federal statutes in addition to the discussion of Constitutional Law provisions.”).). But none of Emrit’s four claims—defamation, public nuisance, industrial espionage, and tortious interference with business relations/contracts—are based on federal questions. Although Emrit’s complaint alleges that his tortious interference claim arises under the Federal Tort Claims Act (“FTCA”) (see ECF 1, at 4), the FTCA does not apply here because no claims are asserted against the United States, nor does the complaint allege any act or omission by an employee of the United States government. Regardless, the FTCA expressly 1 The complaint states that “the amount in controversy does not exceeds [sic] $75,000 (i.e. $0 is less than $75,00), [so] this court does not have jurisdiction based on the amount in controversy.” (ECF 1, at 3.) This statement, however, contradicts Emrit’s prayer for relief, which states that he “is seeking punitive, compensatory, treble, actual, presumed, and special damages in the amount of $500,000,000,000.” (ECF 1, at 5.) Regardless, because the complaint does not allege the citizenship of any of the parties, there is no basis for diversity jurisdiction alleged in the complaint. Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 7 of 9
8 excludes claims for interference with contract rights and other intentional torts (e.g., libel, slander) from its waiver of sovereign immunity. 28 U.S.C. § 2680(h). Thus, the court recommends that Emrit’s complaint be dismissed for lack of subject-matter jurisdiction. See Brodzki v. Clear Channel Commc’ns, 459 F. App’x 717, 718 (10th Cir. 2012) (affirming dismissal for lack of subject matter jurisdiction where complaint seeking damages for defamation failed to state a claim of a constitutional violation for federal question jurisdiction and failed to establish defendant’s citizenship for diversity jurisdiction). Emrit also does not appear to have standing because he does not link the alleged facts in his complaint to any harm he suffered. For example, in support of his defamation claim, he alleges that Former President Obama “is defaming the current president by appearing in interviews and podcasts when most former presidents try to stay out of the spotlight based on a sense of professional courtesy” and, in support of his public nuisance claim, Emrit alleges that Obama “has become a public nuisance by trying to remain relevant to the modern-day political conversation.” (ECF 1, at 4.) As for Emrit’s other two claims, the complaint does not allege that any of the named defendants committed the alleged acts of industrial espionage and tortious interference. Rather, Emrit alleges that “companies which feature” Obama on their channel’s interviews and podcasts “are committing the tort of industrial espionage” and “committing the tortious interference with business relations/contacts under the Federal Tort Claims Act (FTCA).” (ECF 1, at 4.) But Emrit does not name any such “companies” as defendants. Regardless, Emrit’s complaint does not contain any factual allegations to establish how any defendant’s actions have wronged him or otherwise allege any cognizable injury to himself caused by defendants’ alleged actions. In short, Emrit’s complaints are mere “generalized grievance[s]” that are “insufficient to confer standing.” Hollingsworth v. Perry, 570 U.S. 693, 706 (2013). Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 8 of 9
9 For the reasons discussed above, the court recommends that, even if the presiding district judge grants Emrit leave to proceed IFP, the court should nevertheless dismiss Emrit’s complaint. * * * * * Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(2), and D. Kan. Rule 72.1.4(b), the court informs Emrit that he may file specific written objections to this report and recommendation within fourteen days after being served with a copy. If Emrit fails to file objections within the fourteen-day time period, no appellate review of the factual and legal determinations in this recommendation will be allowed by any court. See In re Key Energy Res. Inc., 230 F.3d 1197, 1199-1200 (10th Cir. 2000). IT IS THEREFORE RECOMMENDED that Emrit’s motion to proceed IFP be denied and that Emrit be ordered to pay the required filing fee within fourteen days of an order adopting this report. IT IS FURTHER RECOMMENDED that, if Emrit does not pay the required filing fee within fourteen days, this case be dismissed without prejudice. IT IS FURTHER RECOMMENDED that the assigned district judge dismiss Emrit’s complaint. IT IS FURTHER ORDERED that the clerk’s office shall mail a copy of this Report and Recommendation to Emrit via regular mail and certified mail, return receipt requested. IT IS SO ORDERED. Dated March 20, 2026, at Kansas City, Kansas. s/ Angel D. Mitchell Angel D. Mitchell U.S. Magistrate Judge Case 6:26-cv-01060-HLT Document 4 Filed 03/23/26 Page 9 of 9
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