Emrit v. Jules
Filing
5
Order of Dismissal. Signed by Judge Rodolfo A. Ruiz, II on 1/17/2023. See attached document for full details. (lgr)
Case 0:23-cv-60014-RAR Document 5 Entered on FLSD Docket 01/18/2023 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-CV-60014-RAR
RONALD SATISH EMRIT,
Plaintiff,
v.
SABINE AISHA JULES,
Defendant.
________________________________/
ORDER OF DISMISSAL
THIS CAUSE comes before the Court upon sua sponte review of the record. Plaintiff,
Ronald Satish Emrit, filed a Complaint, [ECF No. 1], and a Motion for Leave to Proceed In Forma
Pauperis, [ECF No. 3], on January 5, 2023. On January 9, 2023, Plaintiff also filed a Notice of
Interlocutory Appeal, but the Clerk of Court noted that the document could not be transmitted to
the Eleventh Circuit Court of Appeals because there was no order to appeal. [ECF No. 4].
The instant case is substantially similar to one Plaintiff previously filed, which this Court
dismissed on November 7, 2022. See Emrit v. Fort Lauderdale Police Dept., et al, No. 22-62038,
2022 WL 16745264 (S.D. Fla. Nov. 7, 2022). This Court dismissed Plaintiff’s previous case
because Plaintiff’s Complaint failed to state a claim upon which relief may be granted or establish
subject-matter jurisdiction. Id. Upon initial screening, the Court finds again that Plaintiff’s
Complaint in this case fails state a claim upon which relief may be granted or to establish subjectmatter jurisdiction. Accordingly, Plaintiff’s Complaint is DISMISSED without prejudice.
A “district court has unquestionable authority to control its own docket and broad
discretion in deciding how best to manage the cases before it . . . .” Guice v. Sec’y, Dep’t of Labor,
754 F. App’x 789, 791 (11th Cir. 2018) (citing Smith v. Psychiatric Sols., Inc., 750 F.3d 1253,
Case 0:23-cv-60014-RAR Document 5 Entered on FLSD Docket 01/18/2023 Page 2 of 6
1262 (11th Cir. 2014)). Indeed, “[a] federal district court has the inherent power to dismiss a case
sua sponte under Rule 41(b).” Hanna v. Fla., 599 F. App’x 362, 363 (11th Cir. 2015) (citing
Chambers v. NASCO, Inc., 501 U.S. 32, 48-49 (1991)). Moreover, the relevant statute governing
in forma pauperis proceedings provides that a court “shall dismiss the case at any time if the court
determines that . . . the action . . . is frivolous or malicious . . . [or] fails to state a claim on which
relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii) (emphases added); see also Mehmood v.
Guerra, 783 F. App’x 938, 940 (11th Cir. 2019) (“[U]nder § 1915(e), district courts have the power
to screen complaints filed by all IFP litigants, prisoners and non-prisoners alike.”); Brown v.
Johnson, 387 F.3d 1344, 1347 (11th Cir. 2004) (“[S]ection 1915(e)(2)(B)(ii), directs the district
court to dismiss the complaint of any plaintiff proceeding in forma pauperis if the court determines
that the complaint fails to state a claim on which relief may be granted.”) (quotations omitted).
To state a claim for relief, a pleading must contain: “(1) a short and plain statement of the
grounds for the court’s jurisdiction . . . (2) a short and plain statement of the claim showing that
the pleader is entitled to relief; and (3) a demand for the relief sought.” FED. R. CIV. P. 8(a). As
such, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief
that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 570 (2007)). “[T]o state a plausible claim for relief, the plaintiff[] must
plead ‘factual content that allows the court to draw the reasonable inference that the defendant is
liable for the misconduct alleged.’” Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252, 1268 (11th Cir.
2009) (quoting Iqbal, 556 U.S. at 678).
Plaintiff’s Complaint fails to meet the foregoing standards for several reasons, including
but not limited to: (1) the underlying facts do not demonstrate any plausible claims against
Defendant or that Plaintiff is entitled to any relief; (2) Plaintiff seeks relief that this Court cannot
provide; and (3) Plaintiff does not sufficiently allege grounds for the Court’s jurisdiction.
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As in his previous case before this Court, Plaintiff seeks an annulment of his prior marriage
to Defendant in this case, Sabine Aisha Jules. Plaintiff alleges that he and Defendant were married
on August 31, 2002, in Las Vegas, Nevada. Compl. ¶ 9. The parties were granted a divorce in
2006 in Broward County, Florida. Id. ¶ 10. At some point, Plaintiff was previously engaged to
Maria Chemiarska, from Kharkiv, Ukraine, and Rachel Barriero, from Tunas, Cuba. Id. ¶ 14, 15.
But now Plaintiff is engaged to Darya Ignatena, from Kyiv, Ukraine. Id. ¶ 13.
Plaintiff attempts to bring four causes of action.
First, Plaintiff alleges “tortious
interference with family relations.” Id. at 4. Here, Plaintiff alleges that Defendant interfered with
his previous engagement to Barriero. Id. ¶ 15. Plaintiff does not provide any details as to how
Defendant allegedly interfered, nor does Plaintiff provide a basis for this purported cause of action.
Second, Plaintiff alleges “tortious interference with business relations.” Id. at 4. Regarding this
cause of action, Plaintiff alleges that Defendant interfered with Plaintiff’s “desire to obtain an
MBA from University of Arizona Eller College of Business.” Id. ¶ 16. Third, Plaintiff alleges
“invasion of privacy through intrusion upon seclusion.” Id. at 4. Again, Plaintiff alleges that
Defendant interfered with his previous engagement to Barriero but provides no other information.
Id. ¶ 17. And fourth, Plaintiff alleges “nuisance.” Id. at 5. Here, Plaintiff once again alleges that
Defendant interfered with his previous engagement to Barriero, and Plaintiff provides the names
and addresses of two individuals who can corroborate the allegation. Id. ¶ 18.
To begin, the facts underlying Plaintiff’s complaint do not demonstrate any plausible
claims against Defendant or that Plaintiff is entitled to any relief. Plaintiff frames this case as a
tort suit against his former wife, alleging tortious interference, invasion of privacy, and nuisance.
But Plaintiff does not provide any facts in support of these allegations. Plaintiff does not state any
actions (or inactions) taken by Defendant that could possibly be construed to constitute a tort.
Instead, Plaintiff argues, “this Court should issue an injunction declaring an annulment so that both
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the Plaintiff and Defendant can engage in ‘selective amnesia’ for a mistaken marriage that has
become an embarrassment and nuisance to both the Plaintiff and Defendant.” Id. at 6. Plaintiff
further argues that his fiancé may become “jealous or envious of Plaintiff’s past
relationship/marriage….” Id. The Court cannot discern a legally cognizable claim from these
allegations. Thus, the Complaint fails to plead “sufficient factual matter, [that] accepted as true,
[would] ‘state a claim to relief that is plausible on its face.’” Ashcroft, 556 U.S. at 678 (quoting
Twombly, 550 U.S. at 570).
Additionally, Plaintiff seeks a form of relief this Court cannot grant. Plaintiff states
repeatedly that Plaintiff only seeks an annulment of his marriage to Defendant. As was true in
Plaintiff’s previous case before this Court, here Plaintiff cites no authority that would allow a
district court judge to grant an annulment. Plaintiff invokes the United States Supreme Court’s
decision in Loving v. Virginia, 388 U.S. 1 (1967) to argue that an annulment is warranted because
Defendant is not Plaintiff’s “type.” Id. The Court is unaware of any authority—under Loving or
elsewhere—that allows any federal court to annul a marriage as a remedy to a civil lawsuit.
Lastly—and most importantly—Plaintiff has not sufficiently alleged subject-matter
jurisdiction. Plaintiff’s Complaint admits that there is no diversity jurisdiction, as both parties
reside in Florida. Id. ¶¶ 3, 4, 6. Plaintiff instead attempts to invoke federal question jurisdiction
by asserting a variety of bases for jurisdiction which appear irrelevant or overbroad. Plaintiff
invokes “the due process clause of the 5th and 14th Amendments,” id. ¶ 6, “the stare decisis of
Loving v. Virginia,” id. ¶ 5, “the application of the First Amendment freedom of association in
addition to the 4th Amendment right of privacy,” id. ¶ 7, and “a broad interpretation of the
Thirteenth Amendment prohibition of slavery during reconstruction,” id. ¶ 8. However, these
Constitutional Amendments and case law have no bearing on Plaintiff’s case. As pled, the
jurisdiction section of Plaintiff’s Complaint is insufficient to establish that the Court has
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jurisdiction over Plaintiff’s claims. Federal courts are “empowered to hear only those cases within
the judicial power of the United States as defined by Article III of the Constitution,” and which
have been entrusted to them by a jurisdictional grant authorized by Congress. Univ. of S. Ala. v.
Am. Tobacco Co., 168 F.3d 405, 409 (11th Cir. 1999) (quoting Taylor v. Appleton, 30 F.3d 1365,
1367 (11th Cir. 1994)). Accordingly, once a federal court determines that it is without subjectmatter jurisdiction, the court is powerless to continue. Id. at 410.
As this is Plaintiff’s second lawsuit before this Court seeking an annulment of Plaintiff’s
marriage and this Court has already dismissed Plaintiff’s previous lawsuit, the Court deems
Plaintiff’s lawsuit frivolous. In Plaintiff’s first lawsuit before this Court, Plaintiff appealed this
Court’s dismissal, and subsequently filed nine motions on that docket, which the Court denied due
to a lack of subject-matter jurisdiction and because they were frivolous. In doing so, the Court
warned Plaintiff that should Plaintiff file additional frivolous motions, Plaintiff would be
sanctioned. See Emrit v. Fort Lauderdale Police Dept., et al, No. 22-62038 (S.D. Fla. December
13, 2023) (omnibus order denying all pending motions).
The Court finds the same warning is necessary here. Accordingly, Plaintiff is hereby
advised that any future frivolous filings in this case shall result in the Court imposing sanctions on
his ability to file freely. Specifically, Plaintiff is warned that if he files frivolous motions, he will
be barred from filing any pro se motions in this case unless the pleading is accompanied by a
motion for leave to file it. The Court will grant leave only if such a motion (1) certifies that the
issues contained in the proposed filing are not frivolous and (2) explains why that non-frivolous
issue cannot be resolved in a separate action. The Court will strike any motions that do not comport
with this instruction and grant leave only if the motion seeking leave makes an adequate showing
as to the two requirements. Accordingly, based on the foregoing, it is hereby
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ORDERED AND ADJUDGED that Plaintiff’s Complaint, [ECF No. 1], is DISMISSED
without prejudice. 1 The Clerk is directed to CLOSE this case. Any pending motions are
DENIED as moot.
DONE AND ORDERED in Miami, Florida, this 17th day of January, 2023.
_________________________________
RODOLFO A. RUIZ II
UNITED STATES DISTRICT JUDGE
1
Although ordinarily this Court would grant a pro se litigant at least one opportunity to amend his
complaint before dismissal, here, the Court finds that an amendment would be futile because the Complaint
is frivolous and does not even approximate an actionable claim. See Cornelius v. Bank of Am., NA, 585 F.
App’x 996, 1000 (11th Cir. 2014) (“While a pro se litigant generally must be given at least one opportunity
to amend his complaint, a district judge need not allow an amendment where amendment would be futile.”);
see also Henry v. Fernandez-Rundle, 773 F. App’x 596, 597 (11th Cir. 2019) (affirming sua sponte
dismissal without leave to amend of a frivolous complaint). Accordingly, the Court dismisses Plaintiff’s
Complaint as frivolous.
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