In re: Lawrence Wrenn

Filing 4

ORDER DISMISSING CASE Closing Case. Signed by Judge Darrin P. Gayles on 10/30/2014. (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 14-23882-CIV-GAYLES/TURNOFF LAWRENCE WRENN, Petitioner, __________________________/ ORDER THIS CAUSE came before the Court on a sua sponte review of the record. The Court has carefully reviewed the record and applicable law. BACKGROUND On October 20, 2014, Petitioner Lawrence Wrenn filed an Emergency Petition for Judicial Review and Determination of Legal Tender (the “Petition”). [ECF No. 1]. In his Petition, Mr. Wrenn alleges that he prepared an “International Promissory Note” to pay off a motor vehicle he financed through Honda Financial Services. International Promissory Note on the CFO of Honda. Mr. Wrenn served the Honda Financial Services later repossessed the vehicle in a case before Judge Cueto in the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, Case No. 2014-CA-15261. Mr. Wrenn does not name Honda Financial Services as a defendant in this action. Mr. Wrenn asks the Court to make a determination that International Promissory Notes are legal tender for all public and private debts. DISCUSSION “[A] federal court always has jurisdiction to determine its own jurisdiction.” United States v. Ruiz, 536 U.S. 622, 628 (2002) (citing United States v. Mine Workers, 330 U.S. 258, 291 (1947)). The Court may sua sponte dismiss a complaint for lack of subject matter jurisdiction at any time. See Cadet v. Bulger, 377 F.3d 1173, 1179 (11th Cir. 2004)(“Federal courts are obligated to inquire into subject-matter jurisdiction sua sponte whenever it may be lacking”). The Court finds subject matter jurisdiction lacking in this case. Although Mr. Wrenn references the United Nations Commission on International Trade Law (“UNCITRAL”), he does not explain how this international treaty confers federal jurisdiction. See GMAC Mortgage, LLC v. Jackson, Bo. 5:11-cv-00158-JHN, 2011 WL 588714 (C.D. Cal. 2011)(finding UNCITRAL does not confer federal jurisdiction). Based thereon, it is ORDERED AND ADJUDGED that this case is DISMISSED for lack of subject matter jurisdiction. The Clerk of Court is directed to CLOSE this case. All pending motions in this matter are DENIED AS MOOT. DONE AND ORDERED in Chambers at Miami, Florida, this 30th day of October, 2014. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE cc: Magistrate Judge Turnoff All Counsel of Record

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