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Chance v. United States, 95-1526 (1996)

Court: Court of Appeals for the First Circuit Number: 95-1526 Visitors: 37
Filed: May 23, 1996
Latest Update: Mar. 02, 2020
Summary: UNITED STATES OF AMERICA, ET AL.Circuit Judges.Astor D. Chance on brief pro se.the district court.applicable to nations also apply to Taiwan);diplomatic relations or recognition. at 361, his action cannot be regarded as one based ...by plaintiff in Nos.
USCA1 Opinion









May 23, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 95-1526

ASTOR D. CHANCE,
Plaintiff, Appellant,

v.

TAIWAN,
Defendant, Appellee.
____________________

No. 95-1573
No. 95-1629


ASTOR D. CHANCE,
Plaintiff, Appellant,

v.

UNITED STATES OF AMERICA, ET AL.,
Defendants, Appellees.
____________________

APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Reginald C. Lindsay, U.S. District Judge] ___________________
____________________

Before

Selya, Cyr and Lynch,
Circuit Judges. ______________
____________________

Astor D. Chance on brief pro se. _______________


____________________


____________________

Per Curiam. We affirm the judgments in these ___________













consolidated appeals substantially for the reasons recited by

the district court. We add only the following comments.

1. The Government of Taiwan is amenable to suit in the

United States only in accordance with the terms of the

Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C.

1602-11. See, e.g., Millen Indus., Inc. v. Coordination ___ ____ ____________________ ____________

Council for North American Affairs, 855 F.2d 879, 883 (D.C. ___________________________________

Cir. 1988) ("all laws, including the FSIA, [that are]

applicable to nations also apply to Taiwan"); see generally _____________

Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. __________________ ____________________________

428, 443 (1989) (FSIA "provides the sole basis for obtaining

jurisdiction over a foreign state in the courts of this

country"). Plaintiff is mistaken in arguing that the FSIA's

applicability to Taiwan is affected by 4(b)(7) of the

Taiwan Relations Act, 22 U.S.C. 3303(b)(7), which provides

simply that the capacity of Taiwan "to sue and be sued" in

United States courts is not altered "by the absence of

diplomatic relations or recognition." His further suggestion

that Taiwan's amenability to suit is affected by the Torture

Victim Protection Act of 1991, Pub. L. No. 102-256, 106 Stat.

73 (set forth in note following 28 U.S.C. 1350), is

likewise misplaced.

2. For the reasons enumerated in Saudi Arabia v. _____________

Nelson, 507 U.S. 349 (1993), plaintiff's attempt to invoke ______

the "commercial activity" exception to the FSIA proves



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unavailing. In particular, because the governmental conduct

of which he complains is "peculiarly sovereign in nature,"

id. at 361, his action cannot be regarded as one "based ... ___

upon an act outside the territory of the United States in

connection with a commercial activity of the foreign state

elsewhere ...." 28 U.S.C. 1605(a)(2).

3. Finally, we reject the procedural objection voiced

by plaintiff in Nos. 95-1573 & 95-1629. Inasmuch as a

frivolous complaint can properly be dismissed under 28 U.S.C.

1915(d) on a sua sponte basis, see, e.g., Neitzke v. __________ ___ ____ _______

Williams, 490 U.S. 319, 324, 330 (1989), the court did not ________

err in dismissing these actions in advance of its indicated

twenty-day deadline. Plaintiff, we note, has made no effort

to buttress his substantive arguments in this regard on

appeal.

Affirmed. _________





















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Source:  CourtListener

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