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)
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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