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Proceeding pro se, Plaintiff Adam Paul Strege filed his Complaint against numerous Defendants on June 8, 2009. 1.) Although the lengthy Complaint is difficult to follow (much less understand), it appears that Strege’s primary claim concerns the alleged murders of Representative Bob Nakasone and Senator Paul Wellstone and the ensuing conspiracy to cover up those purported crimes. On June 3, 2009, Strege had filed a very similar, if not essentially identical, complaint in the District of Hawaii. 09-CV-249 JMS/BMK, Doc.

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1.) On June 8, 2009–the same day he filed the present Complaint at issue here–he filed an amended complaint in Hawaii. On July 9, 2009, the Hawaiian federal court sua sponte dismissed his amended complaint but granted him leave to file, by August 10, 2009, a second amended complaint as long as it would satisfy six enumerated requirements, noting that failure to do so would result in automatic dismissal of that action.

Strege’s second amended complaint failed to remedy the problems identified by the Hawaiian court. On August 31, 2009, that court dismissed that complaint, concluding that it, like the one it had previously dismissed, was “rambling, garbled, and extremely difficult to decipher.” (No. 09-CV-249, Doc. 31 at 4.) “Because the Second Amended Complaint is muddled, incoherent, and utterly incomprehensible, Plaintiff cannot possibly win relief as drafted.” (Id.

At 6.) Thus the court not only dismissed, but did so without leave to amend, finding that “further amendment would be futile.” (Id. At 10.) Moreover, the court did so without notice, “specifically find[ing] that Plaintiff’s Second Amended Complaint could not possibly provide him with any relief.” (Id. At 6 n.7.) Strege has appealed the final judgment of dismissal to the Ninth Circuit. 09-CV-249, Doc. The moving Defendants request dismissal under Rule 12(b) for various defects in Strege’s Complaint.

Carpenters’ Council seeks dismissal because the Complaint fails to state a claim on which relief may be granted and because this Court lacks subject matter jurisdiction. Bank likewise moves to dismiss under Rule 12(b) for failure to state a claim. 15.) Deutsche Hypotheken Bank and Landesbank Baden Wuerttemberg (the “German banks”) also move for dismissal under Rule 12(b), arguing that Strege’s Complaint fails to articulate a redressable claim. 19.) The moving Defendants essentially argue that besides certain fatal flaws with respect to Strege’s particular claims,1 Strege’s Complaint generally is “incomprehensible” and that the “allegations are ‘unrealistic and nonsensical.’” (Doc. Outlook 2010 klyuch aktivacii product. 9, 17, & 21.) The moving Defendants further contend that Strege’s Complaint violates the requirement of Rule 8 that a complaint contain “a short and plain statement” of both the grounds for the court’s jurisdiction as well as the grounds of the claim showing that the pleader is entitled to relief. Preclusion) that takes precedence here.2 Under the doctrine of claim preclusion, a “[f]inal judgment on the merits precludes the relitigation of a claim on any grounds raised before or on any grounds which could have been raised in the prior action.” Poe v. John Deere Co., 695 F.2d 1103, 1105 (8th Cir.

The federal court in the District of Hawaii has entered a final judgment following its order of dismissal without leave to amend. “It is well settled that denial of leave to amend constitutes res judicata on the merits of the claims which were the subject of the proposed amended pleading.” King v. Hoover Group, Inc., 958 F.2d 219, 222-23 (8th Cir. Rule 8(c) and that the moving Defendants have not expressly premised their current motions on claim preclusion. But Defendants have not waived any such defense by failing to include it in an Answer, as no such responsive pleadings have been filed yet.

And at the time the motions to dismiss for failure to state a claim were filed in July 2009, the District of Hawaii had not yet entered judgment. Nevertheless, the moving Defendants did note the fact that the Hawaiian court already had dismissed Strege’s earlier amended complaint (although with leave to amend). 17, 21.) Now that judgment has been entered in the District of Hawaii–on August 31, 2009, following that court’s dismissal with prejudice of Strege’s second amended complaint for failure to follow the court’s specified instructions for clarifying his earlier complaints–the fundamental prerequisite for claim preclusion is satisfied. Moreover, this Court may raise the issue of claim preclusion sua sponte.

Independent School District No. S.D., 88 F.3d 556, 562 n.5 (8th Cir. Accord 18 Charles Alan Wright et al., Federal Practice and Procedure § 4405, at 85-86 (2d ed.