Summary
The United States District Court for the Northern District of Ohio dismissed Robert Maurice Jones’s pro se complaint concerning the alleged securitization and monetization of a vehicle retail installment contract. The court granted in forma pauperis status but dismissed the action under 28 U.S.C. § 1915(e)(2)(B) because the allegations were unclear and conclusory, securitization did not provide a valid basis for relief, and no basis for diversity jurisdiction was shown.
Holdings
- Allegations that an auto loan or promissory note was securitized or monetized, without more, do not provide a valid legal basis for relief because securitization alone does not make a note unenforceable or alter the borrower's obligation to repay the loan.
- A pro se complaint must contain sufficient factual matter and a short, plain, concise, and direct statement showing entitlement to relief; conclusory allegations, labels, legal rhetoric, and formulaic recitations of elements are insufficient.
- The plaintiff failed to demonstrate a basis for diversity jurisdiction over any state-law claim relating to the installment loan.
Questions Presented
- Whether the pro se complaint stated a plausible federal claim based on alleged securitization or monetization of the automobile loan and purported violations of constitutional due process and the Uniform Commercial Code.
- Whether the court had a demonstrated basis to exercise diversity jurisdiction over any state-law claims relating to the installment loan.
- Whether the complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) for conclusory and unclear allegations that failed to satisfy federal pleading requirements.
Disposition
dismissed
Cases Cited (12)
- Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011)(followed)
- Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996)(followed)
- Erwin v. Edwards, 22 F. App'x 579, 580 (6th Cir. 2001)(followed)
- Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(followed)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002)(followed)
- Lillard v. Shelby Cnty. Bd. of Educ., 76 F.3d 716, 726 (6th Cir. 1996)(followed)
- Dauenhauer v. Bank of N.Y. Mellon, 562 F. App'x 473, 480 (6th Cir. 2014) (per curiam)(followed)
- Samples v. Bank of Am., N.A., No. 3:12-cv-44, 2012 WL 1309135, at *3-5 (E.D. Tenn. Apr. 16, 2012)(followed)
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Cited In (0)
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Court Document
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