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Spruill v. Federal Bureau of Investigation

United States District Court, D. Utah

September 14, 2018

MICHAEL LEE SPRUILL, Plaintiff,
v.
FEDERAL BUREAU OF INVESTIGATION, and FRANKLIN ALBERT SMITH, M.D., Defendants.

          DAVID NUFFER JUDGE

          REPORT & RECOMMENDATION

          DUSTIN B. PEAD MAGISTRATE JUDGE

         INTRODUCTION

         On May 8, 2018, Plaintiff Michael Lee Spruill (Plaintiff or Mr. Spruill) filed his case against Defendants Federal Bureau of Investigation (FBI) and Franklin Albert Smith (Smith) (collectively Defendants). (ECF No. 1.) Thereafter, Mr. Spruill filed an Amended Complaint on June 4, 2018 (ECF No. 10), and a motion to supplement on July 5, 2018. (ECF No. 14.)

         On August 13, 2018, Defendant FBI July filed a motion to dismiss Plaintiff's claims (ECF No. 21), and a week later Mr. Spruill filed his “Motion for Ruling”. (ECF No. 26.)

         PLAINTIFF'S AMENDED COMPLAINT

         As an initial matter, there is no indication that Mr. Spruill served his initial May 8, 2018, pleading on either Defendant prior to filing his Amended Complaint on June 4, 2018. (ECF No. 6.) Therefore, the court considers the Amended Complaint to be the operative pleading. Mr. Spruill served his Amended Complaint (ECF No. 6) on Defendant FBI on June 15, 2018. (ECF No. 10.) Defendant Smith, however, was never served and he is not an employee or agent of the FBI. (ECF No. 21.) As a result, Mr. Spruill's claims Smith are dismissed without prejudice for failure to effect timely service. See Fed. R. Civ. P. 4(m).

         Upon review, Mr. Spruill's Amended “Civil Rights” Complaint mounts a claim against Defendants under 42 U.S.C. §1985 alleging Defendants forced him into “premeditated child sexual slavery” as part of a “prohibited project known as Project MK Ultra, also known as ‘13 11 21'” in violation of the Eighth and Thirteenth Amendments. (ECF No. 6, ¶1(a)(2).) As a slave, Plaintiff suffered extreme emotional distress and was subjected to “break-ins, kidnapping, hypnosis, drug facilitation, neuro chips, EEG Programing, aggravated sexual abuse[, ]” sexual assault, cross dressing, sexual trafficking, and mind control. (ECF No. 6.) As a remedy Mr. Spruill seeks, among other things, all profits and revenues generated from the businesses that benefitted from his “slavery”. (ECF No. 6 at 11.)

         PENDING MOTIONS

         Pursuant to a 28 U.S.C. §636(b)(1)(B) referral from District Court Judge David Nuffer (ECF No. 5), the following motions are currently pending before this court: (1) Mr. Spruill's motion to supplement his Amended Complaint (ECF No. 14) and; (2) the FBI's motion to dismiss Plaintiff's case for lack of subject matter jurisdiction. (ECF No. 21.) Based on the content, the court interprets Mr. Spruill's “Motion for Ruling” as an opposition to the FBI's pending motion for dismissal. (ECF No. 26.)

         1. Plaintiff's Motion to Supplement

          Defendant FBI has not filed a formal opposition to the motion to supplement, [1] and Mr. Spruill's unopposed motion is granted. (ECF No. 14); Fed.R.Civ.P. 15(d). In its review of the FBI's motion for dismissal, the court considers the allegations set forth in Mr. Spruill's supplementation.

         2. FBI's Motion to Dismiss

          a. ...


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