Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Barta v. Yeomans

United States District Court, D. Nebraska

January 7, 2020

DALE BARTA, Plaintiff,
v.
TAMI YEOMANS; RODNEY O'NEIL; KURBY ALLOWAY, Depty; SECOND DEPTY; DAUNE BROCKMAN; LINDA HEERMAN; DALE CRANDELL; JACK TODD; GREG TODD; JAMES D. GOTSCHALL; and LARRY DONNER, Sheriff, Defendants.

          MEMORANDUM AND ORDER

          RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE

         Plaintiff, Dale Barta (“Barta”), who appears pro se, filed his complaint on November 19, 2019. (Filing 1) He has been given leave to proceed in forma pauperis. (Filing 5) The court now conducts an initial review of the complaint to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2).

         I. STANDARDS ON INITIAL REVIEW

         The court is required to review in forma pauperis complaints to determine whether summary dismissal is appropriate. The court must dismiss a complaint or any portion of it that states a frivolous or malicious claim, that fails to state a claim upon which relief may be granted, or that seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B).

         Pro se plaintiffs must set forth enough factual allegations to “nudge[] their claims across the line from conceivable to plausible, ” or “their complaint must be dismissed.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 569-70 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”).

         “The essential function of a complaint under the Federal Rules of Civil Procedure is to give the opposing party ‘fair notice of the nature and basis or grounds for a claim, and a general indication of the type of litigation involved.'” Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848 (8th Cir. 2014) (quoting Hopkins v. Saunders, 199 F.3d 968, 973 (8th Cir. 1999)). However, “[a] pro se complaint must be liberally construed, and pro se litigants are held to a lesser pleading standard than other parties.” Topchian, 760 F.3d at 849 (internal quotation marks and citations omitted).

         II. ANALYSIS

         Barta's complaint is short on facts, but long on exhibits (51 pages worth). Barta is attempting to revive two actions that were previously filed in this court, Dale L. Barta v. Jack Todd, Greg Todd, and James D. Gotschall, Attorney, Case No. 8:06CV515 (filed on July 27, 2006), and Dale Barta v. Tami Yeomans, Rodney O'Neil, Kurby Alloway, Trevor Kruse, Duane Brockman, Linda Heermann, Dale Crandell, and Larry Donner, Case No. 8:16CV242 (filed on May 31, 2016).[1] The only change in parties is that an unidentified “Second Depty” has replaced Loup County Sheriff Trevor Kraus (or “Kruse”) as a defendant in this action.

         In the 2006 action, Barta claimed the defendants violated the discharge injunction of the Bankruptcy Act, 11 U.S.C. § 524, when they obtained a state court judgment against him in 2000 and removed cattle from his farm and sold them in 2002. The matter was referred to the United States Bankruptcy Court for the District of Nebraska on July 31, 2006, as being related to Barta's Chapter 12 bankruptcy proceeding, BK 96-40899. On December 1, 2006, in adversary case A06-4061, the bankruptcy court granted summary judgment in favor of the defendants.

         In the 2016 action, Barta claimed to be the owner of property (by virtue of a federal land patent) for which Tami Yeomans is the owner of record and Ryan O'Neel (or “O'Neil”) is the tenant. Barta complained that Garfield County Clerk Linda Heermann (or “Heerman”) and Garfield County Attorney Dale Crandall (or “Crandell”) refused to record documents that the plaintiff attempted to file asserting ownership of the property, that when Barta attempted to stop O'Neel from using the property by parking his truck in the way, Garfield County Deputy Sheriff Kirby Holloway (or “Kurby Alloway”) and another officer (incorrectly identified as Kraus) had the truck towed by Duane Brockman of Duane's Auto Repair, and that Garfield County Sheriff Larry Donner didn't stop them. Barta sought to recover damages, asserting that Heermann and Crandall violated his unspecified civil rights, that Yeomans and O'Neel were trespassing, and that towing his truck was unjustified without a court order. In a memorandum and order entered on January 30, 2017, the court dismissed the claims against the five county officials (Heermann, Crandall, Holloway, Kraus, and Donner) for lack of proper service and dismissed the claims against the other three defendants (Yeomans, O'Neel, and Brockman) for lack of subject matter jurisdiction.

         With that background in mind, the court will attempt to make sense of Barta's pleading in the present action. In the portion of the caption where the Rule 7(a) designation (i.e. “Complaint”) would normally appear, Barta instead lists the following concepts or theories of recovery:

CIVIL RIGHT'S VOLATION
DEFAULT COLLECTION
STATEMENT OF FACTS
CRIMINAL TRESPASSING
HOMESTEAD RIGHTS
Crime Victim's rights, Refusing to file homestead and land patent ESTOPPLE, Title 18-1964 18 U.S. Code 3771. Victim's Rights,

(Filing 1, p. 1) (spelling and punctuation as in original) And the body of the complaint reads in its entirety:

COMES NOW, Dale Barta, Pauper: Motion of Statement of Fact's. 18 U.S. Code 3771 Code Victim's rights. Nebraska fully recognizes Land Patents, Homestead, as Proof of ownership, Nebraska Revised Statues 25-1283. Crime Victim's rights, asked ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.