Randolph v. Goodman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMEIN RAKIN RANDOLPH, Plaintiff, Case No. 1:25-cv-04833 (JLR) -against- ORDER OF DISMISSAL WITH LEAVE TO REPLEAD RAMONA L. GOODMAN, Defendant.

JENNIFER L. ROCHON, United States District Judge: Plaintiff, appearing pro se, filed this pleading that seemingly involves a dispute over an apartment at 1595 Odell Street 63. Dkt. 1 (“Compl.”) For the reasons set forth in this order, the Court dismisses the action for lack of subject matter jurisdiction, with 30 days’ leave to replead.

STANDARD OF REVIEW The Court must dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See Fed. R. Civ. P. 12(h)(3). While the law mandates dismissal on that ground, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks omitted). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has limits — to state a claim, pro se pleadings still must comply with Federal Rule of Civil Procedure (“Rule”) 8, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief.

BACKGROUND Plaintiff’s complaint and attached submissions are difficult to understand because they are filled mostly with legal jargon and contains little to no facts about the events giving rise to the action. Plaintiff’s submissions indicate that he intends to invoke the “Zodiac Constitution” of 1774, the U.S. Constitution, the 1786 and 1836 Treaties of Peace and Friendship between the United States and Morocco, the Cestui Que Vie Act 1666 (an act of the English Parliament), and the Corpus Juris Secundum, Compl. at 8, as well as the “Law of Equity, Law of Nations, Ecclesiastical Law, and the fiduciary doctrines governing public officers dealing in trust assets,” id. at 28. The Court assumes that Plaintiff is suing Ramona L.

Goodman, an attorney for PPC Residential LLC, because she represented his landlord in a civil court matter in which Plaintiff was involved. See id. at 28, 43.

Plaintiff claims that “[b]y way of Quo Warranto,” he “lawfully demand[s] the disclosure of any claimed authority to proceed against [him] or the estate.” Id. at 1. He also purports to issue a “Notice of Abatement,” by which “[a]ny attempt to act on a judgment, writ, lien, or other enforcement mechanism without lawful Indigenous jurisdiction shall be deemed defective and void.” Id. Plaintiff alleges that he “retain[s] full and equitable title — also known as naked ownership — over the estate property situated at 1595 Odell Street 6E,” that he “never abandoned, transferred, or relinquished control of said property,” nor did he “authorize[] any third party to exercise superior title.” Id. at 13. He alleges that PPC Residential LLC “may be benefiting as unlawful usufructuaries,” are profiting from or using his estate’s property without holding lawful or equitable title, and that “[t]heir continued occupancy actions, rent collection, and use of legal process constitute fiduciary breach and unauthorized exercise of trust res.” Id. at 13-14. Finally, he alleges that the actions of PPC Residential LLC and its agents “constitute acts of trespass to chattels.” Id. at 14. An affidavit submitted by Plaintiff directs “constructive trustees,” including Goodman, to “cease any unauthorized conveyance, seizure, or administration of any part of the trust estate,” among other things. Id. at 28. He has included an “Allodial Fee Schedule for Administrative and Equitable Enforcement” in his 108-page submission to the Court, which includes a “schedule of fees” including “Unauthorized use of estate name, likeness, or identifiers (each occurrence): $500,000.00,” “Unlawful enforcement of default judgment or court order (per incident): $500,000.00,” “Attempted eviction or dispossession of estate-resident or trustee: $750,000.00,” and “Trespass to chattels via intermeddling: $250,000.00.” Id. at 16-17. He has also appended a document that appears to be his lease for an apartment at 1595 Odell Street. Id. at 38.

DISCUSSION I. Subject Matter Jurisdiction In light of Plaintiff’s pro se status, the Court has liberally construed the allegations in Plaintiff’s Complaint to raise the “strongest [claims] that they suggest.” Triestman, 470 F.3d at 474. Even so, the Court finds no basis to invoke the Court’s subject matter jurisdiction.

First, no facts in the Complaint suggests that Plaintiff’s allegations implicate a federal claim. To invoke federal question jurisdiction, a plaintiff’s claims must arise “under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. A case arises under federal law if the complaint “establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Bay Shore Union Free Sch. Dist. v. Kain, 485 F.3d 730, 734-35 (2d Cir. 2007) (quoting Empire Healthcare Assurance, Inc. v. McVeigh, 547 U.S. 677, 690 (2006)). Mere invocation of the federal Constitution, without any facts demonstrating a federal law claim, does not create federal subject matter jurisdiction. See, e.g., Gause v. Chase Bank N.A., No. 11-cv-06107 (JS) (ARL), 2012 WL 847816, at *3 (E.D.N.Y. Mar. 12, 2012) (dismissing pro se plaintiff’s claim for lack of subject matter jurisdiction, since “[d]espite [p]plaintiff’s reference to the Fourth and Fifth Amendments of the Constitution, his allegations [did] not support a colorable claim such that this [c]ourt’s subject matter jurisdiction is invoked”).

Plaintiff has not alleged facts supporting a claim under 42 U.S.C. § 1983, the proper procedural mechanism for alleging a civil rights claim arising from the violation of an individual’s constitutional rights, since he has not alleged that Defendant acted under color of state law and the Complaint is devoid of any allegations concerning the deprivation of any constitutional right. Thus, the Complaint does not establish the Court’s subject matter jurisdiction. Moreover, the other authorities to which Plaintiff refers do not provide a federal cause of action. See Shahadi El v. Tutthill, No. 21-cv-02502 (JS) (JMW), 2023 WL 2914945, at *2 (E.D.N.Y. Apr. 12, 2023) (collecting cases holding that the Treaties of Peace and Friendship of 1787 and 1836 do not create a basis for federal jurisdiction); Newsome v. N.Y.C.

Fam. Ct., No. 24-cv-05265 (VSB) (GS), 2025 WL 1503854, at *4 (S.D.N.Y. May 27, 2025) (explaining that plaintiff could not maintain a quo warranto action in federal court because a quo warranto action “does not create a private right of action”); Pitter El v. O’Brien, No. 12- cv-01793 (DLI) (JMA), 2012 WL 2367096, at *3 n.3 (E.D.N.Y. June 20, 2012) (plaintiff’s claims under the “Zodiac Constitution” did not confer federal jurisdiction). Thus, the Court does not have federal question jurisdiction over Plaintiff’s claims.

The Court also does not have diversity jurisdiction. To establish jurisdiction under 28 U.S.C. § 1332, a plaintiff must first allege that the plaintiff and the defendant are citizens of different states. See Janczuk v. Inner City Press, No. 24-cv-02385 (LTS), 2024 WL 1623421, at *2 (S.D.N.Y. Apr. 10, 2024) (citing Wis. Dep’t of Corr. v. Schacht, 524 U.S. 381, 388 (1998)). While Plaintiff asserts that he is “of Moorish and Yamasee Indigenous descent” and domiciled “within the territorial jurisdiction of Amexem and without the United States,” such allegations do not create diversity jurisdiction. See Bey ex rel. Palmgren v. NYCeWheels, No. 18-cv-09358 (CM), 2019 WL 2137002, at *3 (S.D.N.Y. May 15, 2019) (rejecting argument that membership in the “Moorish nation” created diversity jurisdiction and collecting cases).

Moreover, Plaintiff has not pled facts establishing Defendant’s domicile, and the Court is unable to determine whether the parties are diverse.1 As a result, Plaintiff has not established diversity jurisdiction.

II. Leave to Replead Plaintiff is proceeding pro se and district courts generally should grant a self- represented plaintiff an opportunity to amend a complaint to cure its defects, unless amendment would be futile. See Hill v. Curcione, 657 F.3d 116, 123-24 (2d Cir. 2011); Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). The Court therefore grants Plaintiff thirty (30) days to replead his claims in an amended complaint to provide any additional facts that would show that the Court has subject matter jurisdiction of this matter.

Plaintiff is advised that there is a Pro Se Law Clinic available to assist self-represented parties in civil cases. The Clinic may be able to provide Plaintiff with advice in connection with her case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any self-represented party through the Pro Se Intake Unit).

To make an appointment, Plaintiff must complete the City Bar Justice Center's intake form. If Plaintiff has questions about the intake form or needs to highlight an urgent deadline

1 One of the documents submitted as part of Plaintiff’s Complaint provides an address for Defendant at 733 Yonkers Ave, 6th Floor, Yonkers, New York. Compl. at 52. If Defendant is a New York domiciliary, then the Court does not have diversity of citizenship jurisdiction because the parties would then be citizens of the same state, since Plaintiff also appears to be domiciled in New York. See Shepard v. Epps, No. 24-cv-04114 (LTS), 2024 WL 4109076, at *2 (S.D.N.Y. Aug. 26, 2024) (complaint did not demonstrate diversity jurisdiction where allegations indicated that both plaintiff and defendant resided in New York). already disclosed in the form, the clinic can be contacted by phone (212-382-4794) or email ([email protected]). In-person appointments in the Thurgood Marshall Courthouse in Manhattan and the Charles L. Brieant Jr. Federal Building and Courthouse in White Plains are available Monday through Thursday, 10 a.m. to 4 p.m. Appointments are also available remotely Monday through Friday, 10 a.m. to 4 p.m.

CONCLUSION The Court dismisses the Complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). Plaintiff is granted leave to file an amended complaint within 30 days, that is, by September 19, 2025. If Plaintiff fails to submit an amended complaint by that date, the Clerk of Court is directed to enter judgment in favor of Defendant and close this case. An Amended Complaint form and City Bar Justice Center flyer are attached to this order.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

Dated: August 20, 2025 New York, New York SO ORDERED. sent ties; — United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Write the full name of each plaintiff. _____CV_______________ (Include case number if one has been assigned) -against- COMPLAINT Do you want a jury trial? ☐ Yes ☐ No

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See Federal Rule of Civil Procedure 5.2.

I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff.

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Defendant 1: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code Defendant 2: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code Defendant 3: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code Defendant 4: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code III. STATEMENT OF CLAIM Place(s) of occurrence: Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed.

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