Case 2:25-cv-10707-LVP-EAS ECF No. 5, PageID.173 Filed 03/18/25 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`JOSEPH D. GILBERTI PE,
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`v.
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`MARK ZUCKERBERG, et al.
`___________________________/
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`Plaintiff,
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`Case No. 25-cv-10707
`Honorable Linda V. Parker
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`OPINION AND ORDER DENYING PLAINTIFF’S APPLICATION TO
`PROCEED IN FORMA PAUPERIS AND SUMMARILY DISMISSING
`COMPLAINT WITH PREJUDICE
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`On March 13, 2025, Plaintiff Joseph D. Gilberti PE (“Gilberti”) filed a
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`Complaint in this District against an extensive list of private individuals, current
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`and former government officials, government agencies, institutions, and
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`universities, and private organizations, institutions, and businesses. (ECF No. 1.)
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`There are too many named defendants to easily count, but the list spans two pages
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`and is single spaced. Gilberti resides in Sarasota, Florida. He moves to proceed in
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`forma pauperis in this action. (ECF No. 2.)
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`Gilberti’s Complaint is extremely similar to pleadings he has filed in other
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`jurisdictions. See, e.g., Order, Gilberti v. Council of Nat’l Defense, et al., No. 24-
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`cv-1575 (M.D. Fla. July 26, 2024), ECF No. 2 (listing some of Gilberti’s
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`previously filed and dismissed claims and summarily dismissing the matter);
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`Compl., Gilberti v. Trump, et al., No. 24-81065-CV (S.D. Fla. filed Sept. 3, 2024),
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`JOSEPH D. GILBERTI PE,
`
`
`
`v.
`
`MARK ZUCKERBERG, et al.
`___________________________/
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`
`
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`Plaintiff,
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`Case No. 25-cv-10707
`Honorable Linda V. Parker
`
`OPINION AND ORDER DENYING PLAINTIFF’S APPLICATION TO
`PROCEED IN FORMA PAUPERIS AND SUMMARILY DISMISSING
`COMPLAINT WITH PREJUDICE
`
`On March 13, 2025, Plaintiff Joseph D. Gilberti PE (“Gilberti”) filed a
`
`
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`Complaint in this District against an extensive list of private individuals, current
`
`and former government officials, government agencies, institutions, and
`
`universities, and private organizations, institutions, and businesses. (ECF No. 1.)
`
`There are too many named defendants to easily count, but the list spans two pages
`
`and is single spaced. Gilberti resides in Sarasota, Florida. He moves to proceed in
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`forma pauperis in this action. (ECF No. 2.)
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`
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`Gilberti’s Complaint is extremely similar to pleadings he has filed in other
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`jurisdictions. See, e.g., Order, Gilberti v. Council of Nat’l Defense, et al., No. 24-
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`cv-1575 (M.D. Fla. July 26, 2024), ECF No. 2 (listing some of Gilberti’s
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`previously filed and dismissed claims and summarily dismissing the matter);
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`Compl., Gilberti v. Trump, et al., No. 24-81065-CV (S.D. Fla. filed Sept. 3, 2024),
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`Case 2:25-cv-10707-LVP-EAS ECF No. 5, PageID.174 Filed 03/18/25 Page 2 of 4
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`ECF No. 1; Compl., Gilberti v. Trump, et al., No. 24-cv-81427 (S.D. Fla. filed
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`Nov. 14, 2024), ECF No. 1; Gilberti v. Rubio, et al., No. 24-80850-CIV (S.D. Fla.
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`filed July 12, 2024), ECF No. 1; Gilberti v. Fed. Bureau of Investigations, et al.,
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`No. 24-cv-01596 (M.D. Fla. filed July 3, 2024). His current filing is, as district
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`judges in the Middle District of Florida have described, “the latest installment in
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`Gilberti’s series of substantially similar lawsuits alleging conspiracies to steal
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`property in Sarasota County [Florida], deprive him of the land’s natural resources,
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`and poison the nation’s water supply.” Order, Gilberti v. Council of Nat’l Defense,
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`No. 24-cv-1575 (M.D. Fla. July 26, 2024), ECF No. 2 at PageID14 (quoting
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`Gilberti v. Padar, No. 23-cv-609, 2023 WL 9547875, at *1, 3 (M.D. Fla. Dec. 6,
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`2023)). Each of Gilberti’s previous cases “has been dismissed for lack of subject
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`matter jurisdiction because those claims consisted of patently insubstantial claims.”
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`Id. at PageID. 15-16 (collecting cases). In July 2024, the Honorable Tom Barber,
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`United States District Judge for the Middle District of Florida, warned Gilberti that
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`he may be subject to Rule 11 sanctions if he continues to file frivolous cases in that
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`District or in other courts. Id. at PageID. 16. Gilberti has not been deterred, as
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`reflected by his present and other filings since July 2024. See, e.g., Compl.,
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`Gilberti v. Trump, No. 24-81065 (S.D. Fla. filed Sept. 3, 2024); Compl., Gilberti v.
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`David Mayer de Rothschild, No. 25-cv-355 (C.D. Cal. filed Jan. 10, 2025), ECF
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`Case 2:25-cv-10707-LVP-EAS ECF No. 5, PageID.175 Filed 03/18/25 Page 3 of 4
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`No. 1; Compl., Gilberti v. Richard Bruce Cheney, No. 25-cv-423 (D. Colo. filed
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`Feb. 7, 2025), ECF No. 1.
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`This Court finds the current Complaint also subject to dismissal pursuant to
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`Federal Rule of Civil Procedure 12(b)(1). Subject matter jurisdiction is lacking
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`where the plaintiff’s claims are “so attenuated and unsubstantial as to be absolutely
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`devoid of merit.” Hagans v. Lavine, 415 U.S. 528, 536-37 (1974) (quoting
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`Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579 (1904)); Apple v.
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`Glenn, 183 F.3d 477, 479 (6th Cir. 1999) (citing In re Bendectin Litig., 857 F.2d
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`290, 300 (6th Cir. 1988)) (recognizing that federal question jurisdiction is divested
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`by obviously frivolous and unsubstantial claims). District courts “may . . . sua
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`sponte dismiss a complaint for lack of subject matter jurisdiction pursuant to Rule
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`12(b)(1) . . . when the allegations . . . are totally implausible, attenuated,
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`unsubstantial, frivolous, devoid of merit, or no longer open to discussion.” Apple,
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`183 F.3d at 479 (citing Hagans, 415 U.S. at 536-37).
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`Therefore, the Court is DENYING Gilberti’s application to proceed in
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`forma pauperis and his Complaint is SUMMARILY DISMISSED WITH
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`PREJUDICE. Any appeal of this decision would be frivolous and, therefore,
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`leave to appeal in forma pauperis is DENIED. See 28 U.S.C. § 1915(a)(3). The
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`Court is sending a copy of its decision to Judge Barber to assess whether Rule 11
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`Case 2:25-cv-10707-LVP-EAS ECF No. 5, PageID.176 Filed 03/18/25 Page 4 of 4
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`sanctions are appropriate, as Gilberti’s continued abuse of the judicial system
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`across the country wastes limited judicial resources.
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`SO ORDERED.
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`Dated: March 18, 2025
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`s/ Linda V. Parker
`LINDA V. PARKER
`U.S. DISTRICT JUDGE
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`I hereby certify that a copy of the foregoing document was mailed to counsel of
`record and/or pro se parties on this date, March 18, 2025, by electronic and/or
`U.S. First Class mail.
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`s/Aaron Flanigan
`Case Manager
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