Mirarchi v. United States Exec. Branch of Gov't

• Docket Number: Civil Action 23-CV-1549
• Decision Date: 29 August 2023
• Parties: ERCOLE A. MIRARCHI, Plaintiff, v. UNITED STATES EXECUTIVE BRANCH OF GOVERNMENT, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

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ERCOLE A. MIRARCHI, Plaintiff,
v.
UNITED STATES EXECUTIVE BRANCH OF GOVERNMENT, et al., Defendants.

Civil Action No. 23-CV-1549

United States District Court, E.D. Pennsylvania

August 29, 2023

MEMORANDUM OPINION

Currently before me is the Amended Complaint (“Am. Compl.”) of pro se Plaintiff Ercole A. Mirarchi, wherein he alleges that an act of treason has occurred with respect to “Pennsylvania's 2020 Presidential and 2022 Governor and U.S. Senate Elections.”^[1]Mirarchi seeks leave to proceed in forma pauperis. For the following reasons, the Court will grant Mirarchi leave to proceed in

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forma pauperis, and the case will be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

I. FACTUAL ALLEGATIONS

In the Amended Complaint, Mirarchi names the following Defendants: (1) United States Executive Branch of Government; (2) United States Senator, PA, John Fetterman; (3) Department of Justice PA and WDC; (4) Federal Bureau of Investigation PA and WDC; (5) Securities and Exchange Commission WDC; (6) Central Intelligence Agency; (7) Commonwealth of Pennsylvania Executive Branch of Government; (8) Commonwealth of Pennsylvania Secretary of State; (9) Armstrong County PA Board of Elections; (10) Cable News Network, AKA “CNN”; (11) Edison Research; (12) Fairfax Financial Holdings; and (13) Marshall & Swift/Boeckh LLC. (Am. Compl. (ECF No. 8) at 1-2.)^[2]Mirarchi asserts that the following federal criminal statutes are at issue: (1) 18 U.S.C. § 2381 - Treason; (2) 18 U.S.C. § 2382 - Misprision of treason; (3) 18 U.S.C. § 2383 - Rebellion or insurrection; (4) 18 U.S.C. § 2384 - Seditious conspiracy; (5) 18 U.S.C. § 2385 - Advocating overthrow of Government; and (6) 18 U.S.C. § 2387 - Activities affecting armed forces generally. (Id. at 3.)

Mirarchi avers that he made a “report of treason” to this Court on April 20, 2023 that contains evidence demonstrating that the “Pennsylvania[] 2020 Presidential and 2022 Governor and U.S. Senate Elections were being manipulated in real-time, by an engineering process that mimicked features purported to be from the Central Intelligence Agency's Hammer and Scorecard vote-rigging system.” (Id. at 4.) Mirarchi avers that he sent a “report of treason” to the Pennsylvania Supreme Court pursuant to the misprision of treason statute, but the Pennsylvania

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Supreme Court declined review and advised him to file it with this Court. (Id. at 5.) Mirarchi alleges that “all Judges and Justices” have a

duty to review a report of treason when the President of the United States and the Governor of a State are not credible or reliable, options to report it to; and when the local state, and federal government corruption involved with the treason matter is far too great for an average citizen, whose livelihood was ruined by the corruption related to covering up the math logic used to engineer this heinous crime, to take on, on his own.

(Id. at 6.) Mirarchi contends that over the past ten years, he has suffered “many hardships and economic injuries” because of the “falsified records crime” that was allowed to go unpunished and unaddressed by the courts and other authorities, resulting in an attack against “the mechanics of our Elections System” and a “literal takeover of the highest offices in our State, and in our Nation, against the will of the People.” (Id. at 6-7.)

As relief, Mirarchi requests that the “Court perform its Constitutional duty” by reviewing all submissions in this matter “as a report of treason” and “investigate the crimes that took place by those who conspired to effect [sic] this treason and coup d'etat scheme” in order to bring it to the attention of “honest Law-enforcement and Justice Authorities who will act upon it.” (Id. at 7.) Mirarchi also contends that he “deserves a fair hearing” so “he can be made whole for the many hardships he endured over the past 10 years” and for his time and effort that “led him to uncover how this engineered attack on Pennsylvania's and our Nation's Election System” occurred that “others allowed to be buried at the expense of his livelihood and wellbeing, to protect and hide the crime of special interests.” (Id.)

In addition to the Amended Complaint, Mirarchi filed the following motions: (1) “Motion to make the EASTERN DISTRICT COURT aware the PENNSYLVANIA SUPREME COURT was also notified of this filing/report” (ECF No. 4); (2) Motion for Reconsideration and for This Filing to Remain a Report of Treason to the Court (ECF No. 7); (3) Motion to Support Plaintiff's

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Initial Filing, ECF Document 1 (ECF No. 11); (4) Motion for the Court to Review a New Finding (ECF No. 12); (5) Motion for the Court to Review Another New Finding (ECF No. 13); (6) Motion for the Court to Review Another New Finding (ECF No. 15); (7) Motion for the Court to Review Additional Analysis (ECF No. 16); (8) Motion for the Court to Review Additional Analysis (ECF No. 17); and (9) Motion for the Court to Review Additional Analysis (ECF No. 18). These motions reiterate Mirarchi's report of treason under 18 U.S.C. § 2382, request that this Court review his evidence, and then “take swift action to rectify the egregious events” that have been “covered up at the expense of his livelihood, and wellbeing for more than a decade.” (See, e.g., ECF No. 4 at 10 (bold omitted).)

II. STANDARD OF REVIEW

The Court will grant Mirarchi leave to proceed in forma pauperis because it appears that he is incapable of paying the fees to commence this civil action. Accordingly, 28 U.S.C. § 1915(e)(2)(B)(i) requires the Court to dismiss the Complaint if, among other things, it is frivolous. A complaint is subject to dismissal under § 1915(e)(2)(B)(i) as...