Woodroffe v. State Of Florida et al
Filing
37
ORDER denying without prejudice 34 Motion for Leave to Proceed in forma pauperis; denying 35 Motion for Damages; Default, Summary Judgment, Declaratory Judgment and Injunctive Relief. Remanding Case Nos. 2000-DR-0011981CA to the 12th Judic ial Circuit; and 90-00003-7 to the extent any such case exists. Plaintiff is granted leave to file a second amended notice of removal with respect to the Sarasota County foreclosure case (2012 CA 008232 NC) no later than 2/12/16. Signed by Judge James D. Whittemore on 1/29/2016. (KE)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GARY WOODROFFE,
Plaintiff,
v.
Case No: 8:15-cv-2610-T-27JSS
STATE OF FLORIDA, et al.,
Defendants.
___________________________________/
ORDER
This cause is before the Court sua sponte on the question of subject matter jurisdiction.
Plaintiff, proceeding pro se, initiated this case by filing a Verified Notice of Removal in the Ft.
Myers Division (Dkt. 1). He has amended that pleading twice (Dkts. 10, 27). Liberally construing
these notices of removal, it is apparent that he is attempting to remove three unrelated state court
cases, his domestic relations case relating to paternity and child support,1 a foreclosure case filed
against him in the Circuit Court in and for Sarasota County, Florida, and his 1990 Washington State
criminal prosecution, in which he pled guilty to a sex offense and served a 34 month sentence of
imprisonment.2
Federal courts are courts of limited jurisdiction. Russell Corp. v. American Home Assur. Co.,
1
Apparently appreciating that as a plaintiff, he did not have the statutory authority to remove the state court
action he filed, Plaintiff now asserts that he was the Respondent in an underlying domestic relations case. (Dkt. 28 at 3).
2
In each of his notices of removal, Plaintiff claims numerous constitutional and RICO violations arising out
of the various state court proceedings, court orders, and other actions, alleges that certain Florida statutes are
unconstitutional, and claims that his Washington State conviction was wrongful. In his most recent notice, Plaintiff seeks
a number of different forms of declaratory relief, injunctive relief, and $225,140,693,073.88 in damages.
1
264 F.3d 1040, 1050 (11th Cir. 2001). Accordingly, a federal court is “‘obligated to inquire into
subject-matter jurisdiction sua sponte whenever it may be lacking.’” Cadet v. Bulger, 377 F.3d 1173,
1179 (11th Cir. 2004) (quoting Galindo–Del Valle v. Att’y Gen., 213 F.3d 594, 599 (11th Cir.
2000)). That responsibility “applies equally in removal cases.” Liberty Mutual Ins. Co. v. Ward
Trucking Corp., 48 F.3d 742, 750 (3d Cir. 1995); see Yusefzadeh v. Nelson, Mullins, Riley &
Scarborough, LLP, 365 F.3d 1244, 1245 (11th Cir. 2004) (“This court has joined its sister circuits
in holding that based on the language of § 1447(c) the district court may not sua sponte decide to
remand the case for any procedural defect other than lack of subject matter jurisdiction.”) (emphasis
added).
The statutory right of removal is strictly construed, as it is considered a federal infringement
on a state’s authority to adjudicate disputes in its own courts. See Shamrock Oil & Gas Corp. v.
Sheets, 313 U.S. 100, 108–09, 61 S.Ct. 868, 85 L.Ed. 1214 (1941). Accordingly, when a federal
court’s jurisdiction is doubtful, any doubts are resolved in favor of remand. See Pacheco de Perez
v. AT & T Co., 139 F.3d 1368, 1373 (11th Cir.1998); Crowe v. Coleman, 113 F.3d 1536, 1539 (11th
Cir.1997). Plaintiff, as the removing party, has the burden of demonstrating the propriety of removal.
Diaz v. Shepard, 85 F.3d 1502, 1505 (11th Cir.1996).
Plaintiff’s original 52 page Verified Notice of Removal references Sarasota Twelfth Circuit
2000-DR-0011981CA as the “Lower Case No.” That case is a domestic relations action.3 (Dkt. 1).
This rambling pleading includes allegations and contentions relating to what Plaintiff characterizes
as “the State of Florida and complicit respondents’ . . . ‘scorched earth’ mission to destroy the
3
In this Notice, Plaintiff also requests removal of “the current foreclosure matter in the Twelfth Circuit since
constitutionally protected liberty interest violations have triggered the foreclosure.” (Dkt. 1 at 52).
2
Petitioner’s constitutionally protected liberty interests.” (Dkt. 1 at 3). Additionally, Plaintiff
references child custody matters in California and Florida, “rogue enforcement of illegal amounts
of child support” and “another improper hearing for contempt,” the foreclosure of his “Sarasota
Homestead,” the suspension of his driver’s license, his conviction in Washington “of a sex offender,”
alleged obstruction of justice by the prosecutor in Washington, the denial of his request for
appointment of counsel, the sua sponte issuance of a writ of attachment by Florida Judge Rochelle
Curley, alleged improper child support arrearages, the suspension of his driver’s license without a
hearing, the denial of an evidentiary hearing on child support and visitation, alleged witness
tampering and obstruction of justice by Florida Judges Donnellan, Curley and Riva, alleged
vexatious motions for contempt filed against Plaintiff, the disallowance of responsive pleadings by
the state courts, the Younger doctrine, alleged censored state court files, the destruction of “Parent
Child relationship,”contempt proceedings, the state court’s declaration of him as “Vexatious
Litigator,” his 1990 “wrongful conviction” in Washington, and Florida’s alleged disparate
registration requirements, among other things.
Plaintiff’s Supplemental Verified Emergency Amended Notice of Removal again references
Sarasota Lower Case No. 2000-DR-011981-CA. In this pleading, Plaintiff labels himself as the
“defendant,” “given the third party plaintiff’s prosecution by Florida Dept. Of Revenue.” (Dkt. 10
at 1). And this pleading, like the first notice, is a rambling somewhat incoherent recitation of various
complaints, contentions, and accusations, including what Plaintiff characterizes as the “the State’s
prosecution” of him in the domestic relations case. He complains about the suspension of his driver’s
license, harassment by the “Petitioners,” witness tampering and obstruction of justice, Florida Judge
Riva’s alleged wrongful termination of his Fourteenth Amendment rights, and that he is facing jail
time as a result of Petitioner’s Motion for contempt.
3
Plaintiff seeks various relief, including the restoration of his driver’s license, an injunction
prohibiting further child support proceedings and enforcement of state court orders, the vacating of
various state court orders, a declaration that certain Florida statutes are unconstitutional, contempt
proceedings against various individuals, a declaration that Florida’s sex offender registration
requirements are unconstitutional, and relieving him of the requirement that he register as a sex
offender in Florida. Finally, he expressly requests removal of the “current foreclosure matter of
Petitioner’s homestead in Twelfth Circuit since constitutionally protected liberty interest Stigma Plus
violations have triggered the foreclosure.” (Dkt. 10 at 12).
While this case was pending in the Ft. Myers Division, Plaintiff filed a Verified Request for
Leave to Amend Notice of Removal to Emergency Status (Dkt. 5). That request was denied and the
case was dismissed. (Dkts. 13, 14). The Eleventh Circuit vacated the dismissal, finding that “[T]he
district court erred when it dismissed Woodroffe’s case sua sponte for procedural defects in his
notice of removal.” (Dkt. 22 at 4). That Court expressed no opinion on whether subject matter
jurisdiction existed. (Id.).
Back in the Ft. Myers Division, Plaintiff sought leave to amend his notice of removal,
asserting only that “additional facts have emerged on the account of the Petitioner’s behavior, both
of a civil and criminal nature” (Dkt. 23). Leave was granted and Plaintiff filed his “Amended Notice
of Removal As Of September 25, 2015" (Dkt. 27).4
Plaintiff’s 189 page amended notice of removal is another rambling assortment of
complaints, accusations and contentions, including 28 purported “counts.” He names as purported
4
The case was transferred to the Tampa Division as the division having the greatest nexus to the case. (Dkt.
31).
4
respondents his ex-wife, four Florida Circuit Judges, the Clerk of Court, the Florida Department of
Revenue, the Washington State prosecutor, a state Magistrate, several Florida Assistant Attorney
Generals, the Whidbey News Times, a Whidbey News Times reporter, the Florida Department of
Law Enforcement, and the Sarasota Superintendent of Schools, among others.5 In any event, his
amended notice of removal once again purports to remove the Sarasota domestic relations case, the
Sarasota foreclosure case, Case No. 2012 CA 008232 NC, and his 1990 criminal prosecution in
Washington State, Case No. 90-00003-7.
It is apparent that this Court has no subject matter jurisdiction over Plaintiff’s domestic
relations case and his 1990 Washington state criminal prosecution. To the extent he attempts to
invoke federal jurisdiction over the domestic relations case under 28 U.S.C. § 1331, that action did
not “arise under” federal law. “For statutory purposes, a case can ‘arise under’ federal law in two
ways. Most directly, a case arises under federal law when federal law creates the cause of action
asserted.” Gunn v. Minton, 133 S. Ct. 1059, 1064 (2013). “But even where a claim finds its origins
in state rather than federal law . . . we have identified a ‘special and small category’ of cases in which
arising under jurisdiction still lies.” Id. The Supreme Court explains that “[f]ederal jurisdiction over
a state law claim will lie if a federal issue is: (1) necessarily raised, (2) actually disputed, (3)
substantial, and (4) capable of resolution in federal court without disrupting the federal-state balance
approved by Congress.” Id. at 1065.
Plaintiff has never attached copies of any of the underlying state court pleadings. See Local
Rule 4.02(b) (party effecting removal shall file with the notice of removal copies of “all process,
5
In his original Verified Notice of removal, Plaintiff named his ex-wife, two Florida Circuit Judges, and three
Florida Assistant Attorney Generals as “Respondents” (Dkt. 1).
5
pleadings, orders, and other papers or exhibits of every kind” on file in the state court).
Notwithstanding, there is no indication whatsoever in this record that his domestic relations petition,
or any counter-petition in that proceeding, pleads a federal cause of action, necessarily raises a
federal issue, or that resolution of the state law action necessarily depends on the resolution of a
substantial federal question. As is apparent from the record, that case began with a petition to
determine paternity and now appears to involve child support enforcement. And, to the extent
Plaintiff alleges constitutional violations resulting from that proceeding or contends that the Florida
statutes are being applied in an unconstitutional manner, those issues are raised by way of defense,
and are not presented “on the face of the complaint.” See Hill v. BellSouth Telecommunications, Inc.,
364 F.3d 1308, 1314 (11th Cir.2004) (federal question must be presented “on the face of the
complaint”); Kemp v. Int'l Bus. Machines Corp., 109 F.3d 708, 712 (11th Cir. 1997) (“Because a
federal question must appear on the face of the plaintiff’s complaint to satisfy the well-pleaded
complaint rule, a defense which presents a federal question can not create removal jurisdiction.”).
In sum, there is no federal question jurisdiction over Plaintiff’s domestic relations action and the
related child support enforcement action.
Moreover, federal courts generally do not decide domestic relations cases. Moussignac v.
Georgia Dep't of Human Res., 139 F. App'x 161, 162 (11th Cir. 2005) (“‘The federal judiciary has
traditionally abstained from deciding cases concerning domestic relations. As a result, federal courts
generally dismiss cases involving divorce and alimony, child custody, visitation rights, establishment
of paternity, child support, and enforcement of separation or divorce decrees still subject to state
court modification.’”) (quoting Ingram v. Hayes, 866 F.2d 368, 369 (11th Cir. 1988)); Ankenbrandt
6
v. Richards, 504 U.S. 689, 703 (1992) (the subject of domestic relations belongs to the States). Even
if this “domestic relations exception” would not justify abstention, there is no diversity of citizenship
because Plaintiff, the Florida Department of Revenue, and the child’s mother are all citizens of
Florida.6 See Moussignac, 139 Fed. App’x at 162.
To the extent Plaintiff purports to remove his Washington State criminal prosecution, that
proceeding has concluded. Judgment was entered and Plaintiff has served his sentence. There is
simply no underlying case to remove. Further, 28 U.S.C. § 1443 only permits removal of “criminal
prosecutions[ ] commenced in a State court”:
(1) Against any person who is denied or cannot enforce in the courts of such State a
right under any law providing for the equal civil rights of citizens of the United
States, or of all persons within the jurisdiction thereof;
(2) For any act under color of authority derived from any law providing for equal
rights, or for refusing to do any act on the ground that it would be inconsistent with
such law.
28 U.S.C. § 1443.7
The removal petition must show: (1) that the right allegedly denied arises under a federal law
providing for specific civil rights stated in terms of racial equality and (2) “that the removal
petitioner is denied or cannot enforce the specified federal rights in the courts of (the) State.”
Johnson v. Mississippi, 421 U.S. 213, 219, 95 S. Ct. 1591, 1595, 44 L. Ed. 2d 121 (1975) (internal
quotations and citations omitted); U.S. Bank, NA v. Otayek, 447 Fed. App’x 84, 85 (11th Cir. 2011).
In sum, section 1443 does not authorize removal of Plaintiff’s Washington state court criminal
6
(See Dkt. 1 at 3-4).
7
28 U.S.C. § 1442 does not apply because no federal officers or agencies are being sued.
7
prosecution because nothing he alleges relates to civil rights stated in terms of racial equality.8
To the extent Plaintiff asks this Court to vacate his conviction or the requirement that he
register as a sex offender as a result of that conviction, federal courts do not act as appellate courts
over state tribunals. District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482-86, 103
S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68
L.Ed. 362 (1923); see Linge v. State of Georgia Inc., 569 F. App’x 895, 896 (11th Cir. 2014)
(Rooker-Feldman prevented district court from nullify the state-court criminal conviction).
With respect to Plaintiff’s foreclosure action, Case No. 2012 CA 008232 NC, pending in the
Circuit Court in and for Sarasota County, Florida, removal is clearly improper on the basis of federal
question jurisdiction. As with the domestic relations case, nothing on the “face” of the action
presents a federal question, and Plaintiff’s assertion of violations of his constitutional rights is
apparently an attempt to plead an affirmative defense.9 Hill, 364 F.3d at 1314.
Plaintiff contends that diversity jurisdiction exists over the Sarasota County foreclosure
action. (Dkt. 28 pp. 1, 4). For diversity jurisdiction to exist, the amount in controversy must exceed
$75,000 and “every plaintiff must be diverse from every defendant.” Triggs v. John Crump Toyota,
Inc., 154 F.3d 1284, 1287 (11th Cir. 1998). Despite the three notices of removal, there are
insufficient facts alleged which would enable this Court to determine whether the plaintiff is diverse
from each defendant in the foreclosure case, or the amount in controversy. Plaintiff will therefore
8
“That a removal petitioner will be denied due process of law because . . . the prosecution is assertedly a sham,
corrupt, or without evidentiary basis does not, standing alone, satisfy the requirements of s 1443(1).” Johnson, 421 U.S.
at 219.
9
See, e.g., Dkt. 1 p. 46 (“Petitioner’s homestead is in foreclosure caused by violations of constitutionally
protected liberty interests, inability to gain employment or succeed beyond the respondent – generated Stigma Plus, case
number 58-2012-ca-008232-nc.”).
8
.,,.,.
be granted leave to file a second amended notice of removal, but only with respect to Case No. 2012
CA 008232 NC. He must identify and allege the citizenship of each party as well as the amount in
controversy, failing which this action will be remanded without further notice.
Accordingly,
1.
Case No. 2000-DR-OO 11981 CA is REMANDED to the Twelfth Judicial Circuit in
and for Sarasota County, Florida.
2.
Case No. 90-00003-7, to the extent any such case exists, is REMANDED.
3.
Plaintiff is granted leave to file, no later than February 12, 2016, a second amended
notice ofremoval with respect to the Sarasota County foreclosure case, Case No. 2012 CA 008232
NC. He must sufficiently alleges the citizenship of each party and the amount in controversy in that
case, failing which this action will be remanded without further notice. to
4.
Plaintiffs Motion for Leave to Proceed In Forma Pauperis (Dkt. 34) is DENIED
without prejudice, pending a determination of the Court's jurisdiction.
5.
Plaintiffs Verified Motion for Damages; Default, Summary Judgment Declaratory
Judgment and Injunctive Relief (Dkt. 35) is DENIED. No Defendant has been served with process.
DONE AND ORDERED this
J_ q'f!day of January, 2016.
Copies to: Plaintiff pro se
to There shall be no references to the other two cases in the second amended notice ofremoval. Failure to
comply with this directive will result in the case being remanded without further notice.
9
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