The Park at Stonehaven et al v. Guindo et al
Filing
6
OPINION AND ORDER overruling Defendant Aminita Star Guindos Objections 5 , adopting Magistrate Judge Janet F. Kings Final Report and Recommendation 2 and remanding this case to the Magistrate Court of DeKalb County, Georgia. Signed by Judge William S. Duffey, Jr on 3/6/17. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
BLUE ROCK PARTNERS, LLC, as
agent of THE PARK AT
STONEHAVEN,
Plaintiff,
v.
1:16-cv-4565-WSD
AMINITA STAR GUINDO,
Defendant.
OPINION AND ORDER
This matter is before the Court on Magistrate Judge Janet F. King’s Final
Report and Recommendation (“R&R”) [2], which recommends remanding this
dispossessory action to the Magistrate Court of DeKalb County, Georgia.
I.
BACKGROUND
On November 17, 2016, Plaintiff Blue Rock Partners, LLC, as agent of The
Park at Stonehaven (“Plaintiff”) initiated a dispossessory proceeding against
Defendant Aminita1 Star Guindo (“Defendant”) in the Magistrate Court of DeKalb
County, Georgia.2 The Complaint seeks possession of premises currently occupied
by Defendant and seeks past due rent, fees and costs.
1
The docket misspells Plaintiff’s first name “Aminita” as “Aminta.”
On December 13, 2016, Defendant, proceeding pro se, removed the DeKalb
County action to this Court by filing her Notice of Removal and an application to
proceed in forma pauperis [1]. Defendant appears to assert that there is federal
subject matter jurisdiction because there is in this case a question of federal law.
In her Notice of Removal, Defendant claims that Plaintiff violated the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”), the Fair Housing
Act, 42 U.S.C. § 3631 et seq., Rule 60 of the Federal Rules of Civil Procedure, and
the Due Process Clause of the Fourteenth Amendment. Defendant claims further
that the Court “[has] the legal duty to abort eviction pursuant to O.C.G.A.
[§] 51-1-6 and 15 U.S.C. § 1692.” (Notice of Removal at 1).
On December 14, 2016, Magistrate Judge King granted Defendant’s
application to proceed IFP. The Magistrate Judge then considered, sua sponte,
whether there is federal subject matter jurisdiction. The Court found that federal
subject matter jurisdiction was not present and recommended that the Court
remand the case to the Magistrate Court of DeKalb County. The Magistrate Judge
found that the Complaint filed in Magistrate Court asserts a state court
dispossessory action and does not allege federal law claims. Because a federal law
defense or counterclaim does not confer federal jurisdiction, the Magistrate Judge
2
See [1.1] at 3.
2
concluded that the Court does not have federal question jurisdiction over this
matter. Although not alleged in her Notice of Removal, the Magistrate Judge also
considered whether the Court has subject-matter jurisdiction based on diversity of
citizenship. The Magistrate Judge found that Defendant failed to allege any facts
to show that the parties’ citizenship is completely diverse, or that the amount in
controversy exceeds $75,000. The Magistrate Judge concluded that the Court does
not have diversity jurisdiction over this matter and that this case be remanded to
the state court.
On December 27, 2016, Defendant filed her Objections [5] to the R&R.
II.
DISCUSSION
A.
Legal Standard
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams
v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983).
A district judge “shall make a de novo determination of those portions of the report
or specified proposed findings or recommendations to which objection is made.”
28 U.S.C. § 636(b)(1). With respect to those findings and recommendations to
which objections have not been asserted, the Court must conduct a plain error
3
review of the record. United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983),
cert. denied, 464 U.S. 1050 (1984).
Defendant’s Objections are conclusory and do not address the Magistrate
Judge’s reasons for recommending remand.3 See Marsden v. Moore, 847 F.2d
1536, 1548 (11th Cir. 1988) (“Parties filing objections to a magistrate’s report and
recommendation must specifically identify those findings objected to. Frivolous,
conclusive, or general objections need not be considered by the district court.”).
These are not valid objections, and the Court will not consider them. The Court
reviews the R&R for plain error.
B.
Analysis
The Magistrate Judge found that Plaintiff’s Complaint does not present a
federal question and that the parties are not diverse. The Court does not find any
plain error in these conclusions. It is well-settled that federal-question jurisdiction
exists only when a federal question is presented on the face of a plaintiff’s
well-pleaded complaint and that the assertions of defenses or counterclaims based
on federal law cannot confer federal question jurisdiction over a cause of action.
See Beneficial Nat’l Bank v. Anderson, 539 U.S. 1, 6 (2003); Holmes Group, Inc.
3
For example, Defendant states that “[t]he Court Report and
Recommendation entered on the 14th [sic] day of December 2016 is in violation
.Of [sic] the Bill of Rights with respect to a trail [sic] before Tribunal Court.”
(Obj. at 2).
4
v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 830-32 (2002). The record
also does not show that Plaintiff and Defendant are citizens of different states, or
that the amount in controversy exceeds the statutory threshold of $75,000. See 28
U.S.C. § 1332(a); Fed. Home Loan Mortg. Corp. v. Williams, Nos.
1:07-cv-2864-RWS, 1:07-cv-2865-RWS, 2008 WL 115096, at *2 (N.D. Ga. Jan.
29, 2008) (“[A] dispossessory proceeding under Georgia law is not an ownership
dispute, but rather only a dispute over the limited right to possession, title to
property is not at issue and, accordingly, the removing Defendant may not rely on
the value of the property as a whole to satisfy the amount in controversy
requirement.”).
Because the Court lacks both federal question and diversity jurisdiction, the
Magistrate Judge recommended that this action be remanded to the magistrate
court. See 28 U.S.C. § 1447(c) (“If at any time before final judgment it appears
that the district court lacks subject matter jurisdiction, the case shall be
remanded.”). Defendant did not assert a valid objection to this recommendation
and the Court finds no plain error in it. 4
4
To the extent Defendant appears to assert in her Notice of Removal that the
Court has subject matter jurisdiction based on 28 U.S.C. § 1443 and violation of
the Fair Housing Act, 42 U.S.C. § 3631 et seq., Defendant fails to allege any facts
to support that she has been denied by, or cannot enforce in, the state court her
rights under the Fair Housing Act. See, e.g., Shah v. Borden, No. 1:15-cv5
III.
CONCLUSION
Accordingly, for the foregoing reasons,
IT IS HEREBY ORDERED that Defendant Aminita Star Guindo’s
Objections [5] are OVERRULED.
IT IS HEREBY ORDERED that Magistrate Judge Janet F. King’s Final
Report and Recommendation [2] is ADOPTED.
IT IS FURTHER ORDERED that this action be REMANDED to the
Magistrate Court of DeKalb County, Georgia.
1658-TWT, 2015 WL 4159948, at *2 (“Because Defendant has attempted to bring
counterclaims pursuant to the Fair Housing Act, 28 U.S.C. § 1334, the Bill of
Rights, and the Fourteenth Amendment, Defendant may be attempting to invoke
jurisdiction pursuant to 28 U.S.C. § 1443 . . . [which] does not provide Defendant
with a valid basis for removal jurisdiction”); 28 U.S.C. § 1443 (providing
exception to the well-pleaded complaint rule for removal of an action that is
“[a]gainst 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”); Georgia v. Rachel, 384 U.S. 780, 788 (1966) (Section 1443 requires
defendant to show “both that the right upon which they rely is a ‘right under any
law providing for . . . equal civil rights,’ and that they are ‘denied or cannot
enforce’ that right in the courts of Georgia.”); Rogers v. Rucker, 835 F. Supp. 1410
(N.D. Ga. 1993) (remanding dispossessory action where tenant asserted
counterclaim for violation of Fair Housing Act, but failed to allege facts to support
that landlord’s motive in bringing action was to deter tenant from engaging in
protected activity or that Georgia law denies tenant ability to enforce her rights
under the Fair Housing Act; tenant asserted only discriminatory treatment in
service and maintenance of her apartment). Removal is not proper based on 28
U.S.C. § 1443 and this action is required to be remanded for this additional reason.
6
SO ORDERED this 6th day of March, 2017.
7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?