Presidential Candidate Number P60005535 “also known as” (aka) Ronald Satish Emrit, & Presidential Committee/Political Action Committee/Separate Segregated Fund Number C00569897 d/b/a United Emrits of America v. Erin Burnett, Outfront of Cable News Network (CNN) Perhaps “Madame President,” The Hypothetical Erin Burnett for President 2028 Campaign, et al.

Summary

The Eastern District of New York dismisses Ronald Satish Emrit’s pro se complaint as frivolous and for lack of subject-matter jurisdiction. The court grants in forma pauperis status for purposes of the decision, declines to permit amendment, and orders the plaintiff to show cause why he should not be barred from filing future in forma pauperis actions in the district without prior permission. The court also certifies that any appeal would not be taken in good faith.

Holdings

1. The complaint did not establish federal question jurisdiction because it alleged only tortious conduct and did not assert a cause of action arising under federal law.
2. The complaint did not establish diversity jurisdiction because plaintiff alleged an amount in controversy of zero, below the statutory threshold.
3. The complaint was frivolous because its allegations lacked an arguable basis in law or fact and included allegations that were delusory or irrational.
4. Leave to amend was properly denied because amendment would be futile where the substance of the claim was frivolous on its face.

Questions Presented

1. Whether the complaint established federal question jurisdiction.
2. Whether the complaint established diversity jurisdiction when plaintiff alleged an amount in controversy of zero.
3. Whether the complaint was frivolous under 28 U.S.C. § 1915(e)(2)(B).
4. Whether plaintiff should be granted leave to amend.
5. Whether plaintiff should be required to show cause why restrictions should not be imposed on future in forma pauperis filings.

Disposition

dismissed