Messrs. Berg and Joyce are not members of the bar of this court and
were not granted leave to appear
pro hac vice
. See [#10].
- 3 -federal court in Pennsylvania, naming himself as plaintiff.After that suit was dismissed (for lack of standing), and afterthe Supreme Court declined to hear him, Mr. Berg (apparently)found another plaintiff, a man who retired from the Air Force asa colonel more than ten years ago and now claims to be uncertainabout whether -– if he were recalled to active duty -– he wouldhave to obey commands that come from President Obama ascommander-in-chief. Mr. Berg (presumably) enlisted Mr. Hemenwayin this cause. Mr. Hemenway, Mr. Berg, and Lawrence J. Joycethen filed this lawsuit. Mr. Hemenway signed the complaint,
certifying his compliance with Rule 11(b).The complaint asserts a single cause of action,invoking the interpleader statute, 28 U.S.C. § 2235. Thatstatute provides:(a) The district courts shall have originaljurisdiction of any civil action of interpleader or inthe nature of interpleader filed by any person, firm,or corporation, association, or society having in hisor its custody or possession money or property of thevalue of $500 or more, or having issued a note, bond,certificate, policy of insurance, or other instrumentof value or amount of $500 or more, or providing forthe delivery or payment or the loan of money orproperty of such amount or value, or being under anyobligation written or unwritten to the amount of $500or more, if(1) Two or more adverse claimants, of diversecitizenship as defined in subsection (a) or (d) ofsection 1332 of this title, are claiming or may claim