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.
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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