Filed: Aug. 23, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 18-10389 Document: 00514613326 Page: 1 Date Filed: 08/23/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-10389 August 23, 2018 Summary Calendar Lyle W. Cayce Clerk WILLIAM HENRY STARRETT, JR., Plaintiff-Appellant v. LOCKHEED MARTIN CORPORATION; TEXAS MILITARY DEPARTMENT; UNITED STATES ARMY CIVIL AFFAIRS AND PSYCHOLOGICAL OPERATIONS COMMAND; UNITED STATES ARMY RESERVE COMMAND; UNITED STATES ARMY; UNITED STATES ARMY S
Summary: Case: 18-10389 Document: 00514613326 Page: 1 Date Filed: 08/23/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-10389 August 23, 2018 Summary Calendar Lyle W. Cayce Clerk WILLIAM HENRY STARRETT, JR., Plaintiff-Appellant v. LOCKHEED MARTIN CORPORATION; TEXAS MILITARY DEPARTMENT; UNITED STATES ARMY CIVIL AFFAIRS AND PSYCHOLOGICAL OPERATIONS COMMAND; UNITED STATES ARMY RESERVE COMMAND; UNITED STATES ARMY; UNITED STATES ARMY SP..
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Case: 18-10389 Document: 00514613326 Page: 1 Date Filed: 08/23/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-10389 August 23, 2018
Summary Calendar
Lyle W. Cayce
Clerk
WILLIAM HENRY STARRETT, JR.,
Plaintiff-Appellant
v.
LOCKHEED MARTIN CORPORATION; TEXAS MILITARY DEPARTMENT;
UNITED STATES ARMY CIVIL AFFAIRS AND PSYCHOLOGICAL
OPERATIONS COMMAND; UNITED STATES ARMY RESERVE
COMMAND; UNITED STATES ARMY; UNITED STATES ARMY SPECIAL
OPERATIONS COMMAND; UNITED STATES DEPARTMENT OF
DEFENSE; DEFENSE ADVANCED RESEARCH PROJECTS AGENCY;
LAWRENCE LIVERMORE NATIONAL SECURITY, L.L.C.; SANDIA
CORPORATION; NATIONAL NUCLEAR SECURITY ADMINISTRATION;
UNITED STATES DEPARTMENT OF ENERGY; UNITED STATES
SPECIAL OPERATIONS COMMAND,
Defendants-Appellees
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CV-988
Before DENNIS, CLEMENT, and OWEN, Circuit Judges,
PER CURIAM: *
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 18-10389 Document: 00514613326 Page: 2 Date Filed: 08/23/2018
No. 18-10389
William Starrett, Jr., proceeding pro se, filed suit against various federal
government and military agencies, the Texas Military Department, and large
private corporations for violations of numerous federal laws. Starrett’s 149-
page complaint alleged that defendants conspired to use him for mind
experiments, targeted him with “Remote Neural Monitoring,” harassed him
using “Voice to Skull” technology, and otherwise remotely monitored and
controlled his thoughts, movements, sleep, and bodily functions.
The district court dismissed Starrett’s complaint against defendants
Lawrence Livermore National Security, LLC, and Sandia Corporation under
FED. R. CIV. P. 12(b)(5) for insufficient service of process. It then dismissed
Starrett’s claims against Lockheed Martin corporation, the Texas Military
Department, and various federal government agencies under Rule 12(b)(1),
finding that the claims were “patently frivolous,” and under Rule 12(b)(6),
finding that they were “fanciful, fantastic, or delusional.” Additionally, the
court found that plaintiff’s claims against Lockheed Martin and Texas Military
Department should be dismissed under Rule 12(b)(5) because service was
insufficient.
We review de novo a district court’s grant of a motion to dismiss. The
Supreme Court has held that when allegations within a complaint are “so
attenuated and unsubstantial as to be absolutely devoid of merit, wholly
insubstantial, obviously frivolous, plainly unsubstantial, or no longer open to
discussion,” a federal court lacks subject matter jurisdiction to adjudicate the
claim. Hagans v. Lavine,
415 U.S. 528, 536-37 (1974) (internal citations
omitted). We agree with the district court’s characterizations of plaintiff’s
claims and determinations that service on some of the defendants was
improperly made. We affirm for essentially the reasons stated by that court.
AFFIRMED.
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