elaga-bey v. Matthews et al

Filing 31

ORDER denying without prejudice 10 Motion to Dismiss; denying as moot 15 Motion to Amend/Correct, 19 Motion to Strike, and 22 Motion for Judicial Notice. The Court Orders Plaintiff to amend his complaint to include all of his allegations in one document within twenty-one days of the date of this Order. Signed by Chief Judge J. Randal Hall on 09/20/2017. (Attachments: # 1 Blank complaint form) (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION TAQI ELAGA-BEY, Plaintiff, CV v. 116-146 KIMBERLEY MATTHEWS of Aldridge Pite, LLP; KATE HARRENSTEIN of Wells Fargo Bank, N.A.; and GERLINDE BERRY of Wells Fargo Bank, N.A., Defendants. ORDER Plaintiff,1 proceeding September 6, 2016. Plaintiff nebulously pro (Doc. alleged se, 1.) initiated In that Superior Court of Richmond County, the his this original Clerk Georgia, of case on complaint, Court for the violated Plaintiff's constitutional rights by action and/or inaction taken with regard to a civil action filed by Plaintiff in that court in December 1 Plaintiff - born Stephen Anthony Lee - initiated this case under the name of "Taqi Elaga-Bey", which he claims to have "declared [as] his national title" without court intervention in 2013. (See Doc. 1; see also Doc. 24.) In a subsequent filing, Plaintiff informed the Court that he shall henceforth be known as "Taqi El", which he allegedly "proclaimed [as] his legal name" in 2017. (Doc. 24, at 1.) transacted business under - Doc. 21.) house in Plaintiff also appears to have the name "Taqi El Agabey" at assumed some point. - and (See Notably, Plaintiff initiated a similar action with regards to his 2016 - using the moniker ":stephen-anthony:lee" - which he subsequently voluntarily dismissed without prejudice. See Lee v. Johnson, 1:16-CV-031, Doc. 8 (S.D. Ga. Apr. 26, 2016). Plaintiff also initiated a similar action with regards to his automobile in 2017 - under the name "Taqi El" which was subsequently dismissed for lack of subject matter jurisdiction. CV-052, Doc. 11 See El v. North Carolina State Employees' Credit Union, 1:17(S.D. Ga. May 31, 2017). 2014. (Id.) Plaintiff also alleged therein that Wells Fargo Home Mortgage ("WFHM")2 and/or Aldridge Pite, LLP ("AP") breached an alleged release legal contract [the] tender formed Property of with payment by after Lien Plaintiff accepting and/or ... in full "fail[ing] to refusing satisfaction of the a debt and . . . the simple contract received by Bank prior to payment." (Id. at 8). injunction Plaintiff to residence and with the prevent a also the non-judicial declaratory financing of inter sought, judgment case, defendants however, an of the emergency his debt personal associated said residence had been "paid in full in are sale that discharged as of September 28, 2015." listed as alia, his original Kimberly and The only persons/entities complaint's Matthews, Kate styling of the Harrenstein, and Gerlinde Berry.3 On together December with 12, WFHM 2016, - made Defendants special dismiss Plaintiff's complaint for, matter jurisdiction, failure to (Doc. state 10.) On a December 27, file an amended complaint. attached as an exhibit upon service which 2016, and appearances inter alia, insufficient claim Berry and lack of of to subject- process, and granted. Plaintiff moved for leave to thereto, can moved - be (Doc. 15.) relief Harrenstein In his amended complaint Plaintiff forgoes any 2 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. 3 The only persons/entities listed in Plaintiff's complaint under the section titled "Parties to Action," however, are Plaintiff, AP, and Wells Fargo Bank, N.A. (Compare Doc. 1, at 1, with id. H 10-12.) substantive mention of the Superior Court of Richmond County, its Clerk of Court, Kimberly Matthews, or Gerlinde Berry.4 Doc. 15, at solely on 8-15.) Rather, Plaintiff the alleged conduct of WFHM, focuses AP, his (See allegations and Kate Harrenstein and inartfully attempts to assert a variety of federal and state law claims regards against to a residence. these financing (Id.) that the debt been satisfied associated and history. himself, transaction Plaintiff an release the lien on his credit aforementioned also with order related seeks that persons/entities a to personal declaratory financing compelling his with judgment transaction WFHM inter to, has alia, residence and take action to repair his (Id.) Plaintiff, Kimberly Matthews, however, again Kate Harrenstein, lists only and Gerlinde Berry in the case caption for his amended complaint.5 Pursuant to complaint must detailing the Federal contain: Court's Rule (1) of a Civil short jurisdiction; Procedure and (2) statement of the party's "claim showing that relief;" and 8(a)(2); (3) a plain short have a caption which includes, P. 10(a) a statement and plain [he] is entitled to a demand for the relief sought. see also Fed. R. Civ. 8(a), Fed. R. Civ. P. (requiring complaints to inter alia, a case title naming 4 Plaintiff does, however, list Kimberley Matthews, Kate Harrenstein, and Gerlinde Berry in the case caption for his motion for leave to file an (Doc. 15, at 1.) Other than himself, Plaintiff includes amended complaint. no other individual/entity in the aforementioned case caption. (Id.) 5 The only persons/entities listed in Plaintiff's amended complaint under the section titled "Parties to Action," however, are Plaintiff, Kate Harrenstein. (Compare Doc. 15, at 1, with id. at 9-10.) WFHM, AP, and all parties party to each to the "state limited its as defendant upon which it 555 (2007) "A claims far circumstances"). the action); Fed. or as R. defenses notice rests." P. in practicable The purpose of fair Civ. 10(b) numbered paragraphs, to a of what Bell Atl. the Corp. claim is complaint that constitutes prohibited Sch. by Bd., order Procedure fails First Rule a ^shotgun 8(a) (2) . . ." 277 repleading when pursuant a with frame a responsive . . (11th Cir. to shotgun Horizon Pharm. Corp., . [which v. 2008) the the in assessing pro final product district is] Volusia (citations of F.3d lawyers, court to act see also Moon v. Newsome, persons, access to the to 863 courts. of . . 1275 than this leniency Wagner Cir. stringent used to does not a party or to 261 F.2d 835, link (11th would be for Civil to employ less Lampkin-Asam, regardless of fails 1273, as counsel 276-77; reasonable pleadings." Rule factual predicates." se pleadings deficient ("All Federal complaint 464 rewrite 1989) 544, claims Lampkin-Asam And "[w]hile a trial judge is permit grounds 550 U.S. articulate pleading' . 261 F. App'x 274, 12(e) standards judge to "give and the v. Twombly, to adequately a cause of action to its 2006). is of District courts have a "supervisory obligation to sua omitted). v. set (internal citations and alterations omitted). pleading sponte single these requirements sufficient clarity to allow the defendant to Cty. (requiring a F. 837 wealth, are . Still, once App'x at (11th Cir. entitled a pro se to . . . litigant rules is of show 2d a In litigants serve as otherwise subject the Ga. se legal this de (S.D. to pro of a is to facto 2000) education. not counsel pleading deficient for in to not Yet does relevant Rules Fed. a of party, by those order to F. should with of pro case court or 120 and even in the a Civil do enjoyed give law and Judges, ("[C]ourts litigants leniency the Federal Unsolicited Letters 1074 lenience he including re 1073, the benefit se court, court, Procedure."); Supp. in license rewrite to to an sustain an action." initial and amended valid basis for federal (citations omitted)). From the complaints, current the form Court of cannot Plaintiff's discern a jurisdiction because Plaintiff recites legal terminology without explaining how it applies to his claims and he has included extraneous information with no immediately apparent relevance to any claims that might be properly before this Court. Plaintiff's cannot were pleadings fathom intended cogent how as response understatement are an a so individual defendant, thereto. to lacking categorize clarity that even alone Indeed, it Plaintiff's meandering, and Plaintiff's initial amended of Rule 8(a). would let ambiguous, nor in Similarly, convoluted. complaint be know Court whether able would to be pleadings As the satisfy frame a as such, the they a gross vague, neither dictates The Court, however, recognizes Plaintiff is proceeding pro se and will therefore give him an opportunity to attempt to cure his pleading Accordingly, deficiencies the Court by ORDERS amending Plaintiff to his amend complaint. his complaint to include all of his allegations in one document within twenty- one days of the date of this Order.6 proceed with this action, enclosed complaint form. Plaintiff, the Court he If Plaintiff wishes to MUST complete and submit the If no response is timely received from will presume that he desires to have case voluntarily dismissed and will dismiss this action, this without prejudice, without further notice.7 When preparing his should carefully forthcoming amended complaint, review the instructions of the Plaintiff enclosed complaint form and provide the particular information requested. The amended complaint must be typed or printed legibly so that the Court may discern Plaintiff's claims, and replace in Plaintiff; no incorporated its entirety portion into his and it will supersede the previous any prior of amended pleadings pleading shall by be by reference. See 811 F.3d 1271, 1277 Hoefling v. City of Miami, complaint filed (11th Cir. 2016); 6 The Court DIRECTS the CLERK to enclose Form Pro Se 1, Complaint for a Civil Case, stamped with the appropriate case number, with Plaintiff's service copy of this Order. 7 Because the Court will require Plaintiff to replead his complaint, the Court DENIES WITHOUT PREJUDICE the motion to dismiss Harrenstein, and Plaintiff's motion WFHM (doc. for leave response to his motion judicial notice (doc. for 10). to filed by Gerlinde Berry, Similarly, amend (doc. leave to amend 22) . 6 the 15), (doc. Court his 19), DENIES motion to AS strike Kate MOOT the and his motion for Lowery v. 2007) and Alabama Power ("an amended 1184, 1219 the initial supersedes factual basis simply not for his state, specifically reference amended complaint. amended complaint Therefore, filed he in (by in as a means example, documents," exhibits the Moreover, complaint that exhibit's Plaintiff accordance with of Plaintiff as the will does not number) shall submit terms of should Court Plaintiff page the providing the in his only one this Order. Plaintiff shall state in the single amended complaint accordance wishes attached examine the For pleading. "see independently reference in Cir. he shall them by pleading (11th Plaintiff may attach exhibits to his amended complaint, incorporate operative F.3d While not the complaint 483 case"). not becomes Co., the with Court to the terms consider of this as a Order basis all for claims awarding that the relief sought. ORDER September, ENTERED at Augusta, Georgia, this /^0__^ day 2017. CHIEF DISTRICT JUDGE COURT SOUTHERN DISTRICT OF GEORGIA of

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