United States District Court, D. Hawaii
ORDER (1) GRANTING IFP APPLICATION; AND (2) DENYING
PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING
MICHAEL SEABRIGHT CHIEF UNITED STATES DISTRICT JUDGE.
August 7, 2019, pro se Plaintiff Dorothy Kulik
(“Plaintiff” or “Kulik”) filed: (1)
an Application to proceed in forma pauperis (“IFP
Application”), ECF No. 3; (2) a Motion for Leave to
File Petition, ECF No. 1-2; (3) a Complaint and Request for
Injunctions and Mandamus (“Complaint”), ECF No.
1; (4) a Notice of Constitutional Challenge of Statutes and
Constitutional Amendment, ECF No. 4; and (5) a Motion for
Emergency Preliminary Injunctions and Mandamus and Temporary
Restraining Order Pending FBI Investigation (“Motion
for TRO”), ECF No. 2.
Motion for TRO, Kulik seeks “immediate entry of a
Temporary Restraining Order without notice to Respondents
State of Hawaii and County of Kauai, and all persons acting
on their behalf, restraining in each and every way pled
herein below until such time as the required investigation by
the Austin FBI is complete and evidence can be presented at
the hearing.” Motion for TRO at 2 (emphasis omitted).
reasons that follow, the IFP Application is GRANTED, and the
Motion for TRO is DENIED.
Plaintiff has made the required showing under 28 U.S.C.
§ 1915 to proceed in forma pauperis (i.e.,
without prepayment of fees), the court GRANTS Plaintiff's
the Complaint is far from clear, or even understandable at
times, the court does its best to interpret its allegations.
The following is a summary of that attempt.
Kulik asserts eleven (11) seemingly academic
“constitutional” questions regarding a range of
issues. Compl. at 1-4. Kulik then appears to claim that the
Supreme Court of the United States should exercise original
jurisdiction over this matter. Specifically, she claims that
“[t]he exclusive judicial powers of SCOTUS in its
original jurisdiction cannot be transferred to an inferior
court, ” and that “[f]ailure by the U.S. District
Court for the District of Hawaii to recognize my citizen
sovereignty constitutes treason[.]” Id. at 7.
generally alleges wrongdoing in connection with the handling
of her medical marijuana card (referred to as a “329
Card”), but her specific allegations are not clear.
Id. at 13. She also alleges that “Kauai is
Full of Feces, ” id., and that the Kauai
Veterans Medical Center is engaged in income tax evasion,
id. at 14. In addition, she alleges that the Kauai
Police Department “use[s] . . . lethal force through
burning Human Beings to death on The
Point.” Id. She also alleges that she has
“been confronted with illegal behavior from alleged
government and law enforcement in Hawaii so consistently
since [she] first arrived July 18, 2013, that [she has] good
reason to believe there is no law and order on the Hawaiian
Islands and therefore, U.S. Marshals must be sent in to
restore law and order.” Id. at 15. Kulik also
alleges, confusingly, that the Eleventh Amendment to the
constitution is unconstitutional. Id. at 23.
Complaint seeks “to hold U.S. Attorney General Jeff
Sessions or his replacement responsible for the ongoing
criminal activity by a wide variety of subversives and
traitors embedded in the United States government whom he has
failed to curtail in dereliction of his duty” through
an order requiring Attorney General Sessions or his
replacement to show cause, among other things, why: (1)
former FBI Director James Comey has not been indicted; (2)
“F.B.I. agents are ordered to stand down before every
act of terrorism”; and (3) “the murderers of
Lavoy Finnicum have not been indicted.” Id. at
18-25. The Complaint further seeks an order “repealing
the 17th Amendment” to the United States Constitution.
Id. at 26.