DAVID L. RUSSELL, District Judge.
Plaintiff filed this action against Defendant in the District Court of Oklahoma County, which was removed by Defendants Veterans Administration of St. Paul, Veterans Administration Hospital, United States Department of Justice, Federal Bureau of Investigation and Veterans Administration of Muskogee. Certain Defendants filed motions to dismiss prior to removal and renewed those motions in accordance with the Court's Local Rules. See Doc. No. 6, Motion to Dismiss by Defendant David Prater and E. Scott Pruitt; Doc. No. 8, Motion to Dismiss, Oklahoma County Jail and Board of County Commissioners; and Doc. No. 10, Motion to Dismiss by the City of Oklahoma City and Kristy Yager and/or Chief Citty.
Defendants Prater and Pruitt seek dismissal on the basis that Plaintiff is attempting to re-litigate claims previously dismissed by this Court, the United State District Court for the Eastern District of Oklahoma, and the Tenth Circuit.
The City, Bill Citty, the chief of the Oklahoma City Police Department, and Kristy Yager, sought dismissal because Plaintiff failed to timely serve process, failed to plead compliance with the Oklahoma Governmental Tort Claims Act, the Petition fails to state a claim upon which relief can be granted, and that Plaintiff's claims are barred by either issue preclusion or res judicata. Doc. No. 10. The federal Defendants seek dismissal on the basis that the petition is incomprehensible, and in light of Plaintiff's history of vexatious litigation, Plaintiff should not be granted leave to amend. Doc. No. 11.
The Petition filed herein contains copies of newspaper articles that are heavily underlined, which Plaintiff contends establish violations of due process. Doc. No. 1-2. The articles, however, have nothing to do with Plaintiff and thus cannot, even with the most liberal construction, be used to support his claim against any Defendant. The remaining portions of the petition rarely, if ever, address any of the named Defendants, and where any particular Defendant is referenced, the facts affiliated with the name are wholly insufficient to support any type of claim against the person or the entity.
For the reasons set forth herein, the Motions to Dismiss (Doc. Nos. 6, 8, 10 and 11) are hereby GRANTED and upon Plaintiff's representations the Department of Corrections is hereby DISMISSED. The Clerk is directed to remand this matter to the District Court of Oklahoma County.
IT IS SO ORDERED.
In Case No. 12-1131-HE, Judge Heaton imposed filing restrictions on Plaintiff. Those restrictions do not apply to this removed case, although this case suffers from many of the same infirmities as his many prior actions.
Plaintiff also requests remand to state court in his Motion filed on December 9, 2015. Doc. No. 13-1, p. 4.
In light of the absence of the pleading of any true claims against any Defendant, the Court concludes that it has over which it had original jurisdiction under 28 U.S.C. § 1442(a)(1).