Summary
The magistrate judge recommends dismissing Ronald Mays’s amended complaint without prejudice for lack of subject matter jurisdiction. The court concludes that the pleading fails to establish federal-question or diversity jurisdiction, does not adequately state claims or facts as required by the court’s prior order, and does not plausibly allege that the private foreclosure-related defendants acted under color of state law. Objections were permitted by March 30, 2026.
Holdings
- The amended complaint failed to establish federal question jurisdiction because it merely referenced the Constitution, federal law, and federally protected rights without identifying a specific federal claim or alleging facts showing that a federal question appeared on the face of a well-pleaded complaint.
- The amended complaint did not comply with the court's order because it lacked a factual section, separately numbered claims, identification of the causes of action, and specific allegations describing each defendant's conduct, the resulting harm, and when and where the conduct occurred.
- Because the court lacked subject matter jurisdiction, the action should be dismissed in its entirety without prejudice.
Questions Presented
- Whether the amended complaint established federal question jurisdiction.
- Whether the amended complaint complied with the court's order requiring a factual statement, separately numbered causes of action, and identification of the legal basis for each claim.
- Whether the action should be dismissed without prejudice for lack of subject matter jurisdiction.
Disposition
dismissed
Cases Cited (17)
- Arbaugh v. Y & H Corp., 546 U.S. 500, 503, 513-514 (2006)(followed)
- United States v. Cotton, 535 U.S. 625, 630 (2002)(followed)
- Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999)(followed)
- Williams v. Poarch Band of Creek Indians, 839 F.3d 1312, 1314 (11th Cir. 2016)(followed)
- GJR Invs., Inc. v. Cnty. of Escambia, Fla., 132 F.3d 1359, 1369 (11th Cir. 1998)(followed in part)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(cited as subsequent authority)
- In re Davis, 237 B.R. 177, 181 (M.D. Ala. 1999)(followed)
- Kohler v. Garlets, 578 F. App'x 862, 865 (11th Cir. 2014)(followed by analogy)
- California v. Texas, 593 U.S. 659, 672 (2021)(followed)
- Sellers v. Nationwide Mut. Fire Ins. Co., 968 F.3d 1267, 1273 (11th Cir. 2020)(followed)
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Cited In (0)
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Court Document
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