John A. Reeves v. First Bank, et al.

Summary

The United States District Court for the Eastern District of Missouri dismisses John A. Reeves’s pro se action against First Bank and Millsap & Singer, P.C. for lack of subject-matter jurisdiction. The court concludes that the complaint’s foreclosure-related allegations and cited federal statutes do not establish a nonfrivolous federal question, and it alternatively notes that the claims would fail under Rule 12(b)(6). The defendants’ motion to dismiss is granted, and Reeves’s pending motions are denied as moot.

Holdings

1. The complaint did not establish federal-question jurisdiction because its alleged facts did not give rise to a federal question, despite plaintiff's citation of numerous federal statutes and constitutional provisions.
2. Conclusory allegations, legal labels, formulaic recitations of claim elements, and patently frivolous sovereign-citizen theories do not establish federal-question jurisdiction; dismissal for lack of subject matter jurisdiction was proper.
3. Plaintiff's motions for a temporary restraining order, immediate ruling, and stay of execution were denied as moot following dismissal of the action.

Questions Presented

1. Whether the complaint adequately established federal-question subject matter jurisdiction over plaintiff's mortgage and foreclosure dispute.
2. Whether the complaint's conclusory, implausible, and sovereign-citizen-related allegations warranted dismissal for lack of subject matter jurisdiction.
3. Whether plaintiff's motions for a temporary restraining order, immediate ruling, and stay of execution should be granted after dismissal of the action.

Disposition

dismissed