ShaBronda Rena-Lewis v. Dan Willems and Moonrock Properties, LLC

Summary

The magistrate judge recommends sua sponte dismissal of ShaBronda Rena-Lewis’s complaint for lack of subject-matter jurisdiction. The recommendation concludes that the cited federal statutes do not provide a private right of action and that the allegations concerning trust violations, property theft, embezzlement, extortion, and RICO are too conclusory to establish a nonfrivolous federal question. The parties are advised that specific written objections must be filed within 14 days after service.

Holdings

1. The complaint fails to establish federal question subject-matter jurisdiction because the plaintiff has not shown a plausible basis for jurisdiction, citing federal criminal statutes that do not provide private rights of action and making insufficient allegations of federal claims.

Questions Presented

1. Whether the complaint establishes federal question subject-matter jurisdiction under 28 U.S.C. § 1331
2. Whether cited federal statutes provide a private right of action supporting federal jurisdiction
3. Whether allegations of trust violations and RICO misuse are sufficient to establish federal jurisdiction

Disposition

other