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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. APPELLANT PRO SE: ERIC D. SMITH New Castle, Indiana

FILED
Sep 08 2009, 9:38 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA

ERIC D. SMITH, Appellant-Plaintiff, vs. JOHN ROBERTS, Chief Justice of the United States Supreme Court, Appellee-Defendant.

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No. 33A01-0905-CV-213

APPEAL FROM THE HENRY SUPERIOR COURT The Honorable Michael Peyton, Judge Cause No. 33D01-0903-PL-5

September 8, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION MAY, Judge

Eric D. Smith appeals the denial of his motion to correct error after the trial court determined his complaint was frivolous. We affirm. FACTS AND PROCEDURAL HISTORY On March 10, 2009, Smith filed a complaint against John Roberts in his official capacity as Chief Justice of the United States Supreme Court. His complaint alleges there is a Star of David carved into the Supreme Court building and "alleges that Roberts has acted negligently in his officials [sic] duties by allowing and continuely [sic] establishing, advocating, and advancing the Jewish religion in violation of the First Amendment to the United States Constitution of America [sic]." (Appellant's App. at 13.) The complaint states Smith is bringing his claim under the Federal Tort Claims Act and the Indiana Tort Claims Act. Smith asked the court to "declare that the displayal [sic] of the six-pointed Star of David violates the Establishment Clause of the First Amendment to the United States Constitution of America [sic], and that Roberts was negligent in his duties" and to "order the removal of the six-pointed Star of David from the United States Supreme Court." (Id. at 18.) On March 20, 2009, the trial court entered an order determining Smith's suit was frivolous:1

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Ind. Code

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