Naseer Ali-Bey v. BPG Real Estate Services, LLC, et al.

Summary

The United States District Court for the District of Delaware granted defendants’ Rule 12(b)(6) motion to dismiss a pro se complaint concerning the rejection of the plaintiff’s lease application and alleged payment instrument. The court held that the complaint did not plead sufficient facts to support federal civil rights or other federal claims and therefore could not support supplemental jurisdiction over the state-law claims. Dismissal was without prejudice, with one opportunity to amend, and the plaintiff’s motion for expedited ruling and immediate housing relief was denied.

Holdings

1. The complaint failed to state a claim upon which relief could be granted because the allegation that Plaintiff submitted a lease application and Defendants selected a different lessee, without additional supporting facts, did not plausibly establish a federal civil-rights violation.
2. Because Plaintiff failed to plead a sufficient federal claim, the court could not exercise supplemental jurisdiction over the additional state-law claims.
3. The emergency motion was denied as premature and for lack of cause shown.

Questions Presented

1. Whether Plaintiff's complaint alleged sufficient facts to state a plausible claim for relief under Rule 12(b)(6).
2. Whether the court could exercise supplemental jurisdiction over Plaintiff's state-law claims when the federal claims were inadequately pleaded.
3. Whether Plaintiff was entitled to expedited ruling and immediate housing relief.

Disposition

dismissed