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Kern v. Star Bank

United States District Court, D. North Dakota

May 11, 2015

Victor M. Kern, Plaintiff,
v.
Star Bank, Verndale, MN, First National Bank, Wadena, MN, Wadena County Sheriff, Defendants. Victor M. Kern, Plaintiff,
v.
Steven K. Ma[r]den Law Office, Defendant.

REPORT AND RECOMMENDATION

ALICE R. SENECHAL, Magistrate Judge.

Victor M. Kern was granted leave to proceed in forma pauperis (IFP) in two cases. Case sheriff. Case No. 3:15-cv-24 alleges claims against Steven K. Marden Law Office. This court has reviewed the pleadings in both cases and RECOMMENDS that both cases be DISMISSED pursuant to 28 U.S.C. ยง 1915(e)(2) for failure to state a claim. Additionally, this court RECOMMENDS that the motions filed in Case No. 3:15-cv-15 be DISMISSED as moot.

Facts

1. Case No. 3:15-cv-15

Kern identifies himself as a Minnesota resident. His complaint contains a seven page, single-spaced narrative of various disputes Kern has had with two Minnesota banks (Star Bank of Verndale and First National Bank of Wadena), disputes concerning Kern's patent, assertions of law enforcement interference with work of his construction company in North Dakota and in other states, problems with his birthdate being incorrect on a drivers license, and references to child support enforcement proceedings. Although the Wadena County Sheriff is named as a defendant, the sheriff is not otherwise mentioned in Kern's complaint.

On the civil cover sheet, Kern identified federal question as the jurisdictional basis of his claims. (Doc. #1-2). His brief description of the cause of action is "credit - patent production, income loss, job security." Id. For the demand amount, Kern entered "all service charge & int, " and he identified a related case only as one handled by "MJ Davis."[1] Id.

The complaint includes the following statements under the heading of "Jurisdiction":

I worked for Cyclone Drilling Co. as a motorman, Patterson-UTI as a head floor hand-motorman, And Ottertail Coaches, as a school bus mechanic and target logistics buses for oilfield workers, at each I lost my position in rank and advancement even though the breakdown and repair costs went down, while repairing my credit through Dakota West Bank, we were repairing a credit problem that was already financed through the Star Bank in 2008, and I and the banker both corresponded, with the individual creditors, all were already supposed to be paid off in full, and months later found, none had been satisfied in full. I was in the process of establishing banking through North Dakota, on all our property and bill, marketing a patent and certain, copyrighted materials, and each time I would get ahead of bills and start to market the first patent and another, banking or credit problem would arise, through the Star Bank.
I had already inquired on the different ways to resolve the debt, With the Star Bank, I also checked on bankruptcy refinance at the Federal Level, but we owned enough collateral, to market a patent and on property we purchased, as lots, which we had kept as lots, costing more on property taxes. I had also inquired on refinance on all property through Dakota West, and other banks, as their was a problem with the my satisfaction of debt, I had financed and was making payments to, one was property in Minnesota purchased for 20, 000, for the sole purchase of lots, establishing homes on those lots, for rental or resale, on the first home we, could purchase for 6000.00 and easily sell for 20, 000 or more with one lot, the banker, shut down all our credit after checking on permits and digging for the basement. We filed with the Federal Court, because of the present problems with the Star Bank, and each and every time we wanted the note transferred to another branch or bank we were denied, with excellent credit and collateral for many years.
I do not find it in any way Constitutional for a bank, to deny credit, when we had already purchased a backhoe, for 10, 000, had all the equipment to build, none was financed, the loan was for the sole purpose of housing, on lots, Lot 5, 6, 7, 8. We have dealt with the Star Bank before, they had always been paid, there was no reason to stop our credit, for housing, or try to foreclose on our home, a separate parcel, purchased in 1989, and paid off, borrowed around 30, 000 to put on a home on, in around 2003, and that banknote was paid off, in full, years ago, to the Star Bank.
Our credit went down at the same times, we could have been building homes, and marketing a U.S. Patent which now has fees coming due, and I do not find it coincidence or Constitutional the originals patent has vanished from my property with fees coming due in April/2015, or that our internet service, with copyright bumpers, and citizens aptitude testing for voters has not produced one sale, to my bank account. And we have notified the patent office, I am not incorporated. The reason we filed in Federal Court. Had we not used credit with this bank on property for homes, I could have easily paid all our present homestead taxes, insurance, saved on interest, and would have avoided going through a separate bank to refinance in

(Doc. #7, pp. 2-3).

Kern has filed two motions in Case No. 3:15-cv-15: a motion "for Re-examination and... to excuse Sally I. Robertson, " (Doc. #5), and a "Motion for Property - Keys, " (Doc. # 9). Attached to the motion for re-examination are February 17, 2015, documents from a Minnesota district court action, signed by Judge Sally Ireland Robertson, ordering Kern's eviction from a property in Wadena County, Minnesota. Also attached to the motion for re-examination is a December 2012 employee corrective action form directed to Kern as an employee of Patterson-UTI. The court interprets the motion for re-examination as a request to overturn the Minnesota eviction action, to order that Judge Robertson be excused from the Minnesota eviction action, and to overturn the employer's corrective action. Review of Minnesota state court public records shows that Judge Robertson also presided in a case where Kern was convicted for failure to support a child. Minnesota Trial Court Public Access ...


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