Sullivan v. IStoreGreen, LLC et al

Filing 5

MEMORANDUM AND ORDER, For the foregoing reasons, the complaint, filed in forma pauperis, is dismissed for lack of subject matter jurisdiction, but without prejudice and with leave to refile his state claims in a state court of competent jurisdiction. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of Court is directed to enter judgment accordingly, and to close this case. (Ordered by Judge Eric N. Vitaliano on 12/26/14) c/m Fwd. for Judgment. (Galeano, Sonia)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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. Efr• T.it·'.i.V N OFFICE

SEAN SULLIVAN,
Plaintiff,
MEMORANDUM & ORDER
-against14-CV-7163 (ENV) (RLM)

ISTOREGREEN, LLC, JOHN DOE, President, :
ISTOREGREEN, LLC, LEIA YODICE,
Employee, ISTOREGREEN, LLC,
Defendants.

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VITALIANO, D.J.
On December 5, 2014, plaintiff Sean Sullivan, prose, filed this action. The
Court grants plaintiff's request to proceed in forma pauperis ("IFP") solely for the
purpose of this order. For the reasons that follow, however, the complaint is
dismissed.
Background
Plaintiff alleges that he has "stored his personal property at a self-storage
facility in Brooklyn owned by IStoreGreen since April 2010." Compl. at 3. Sullivan
further avers that the New York City Human Resources Administration ("HRA")
"agreed to make an emergency payment to IStoreGreen in satisfaction of the
Plaintiffs outstanding storage rental liability," but that HRA has failed to do so. Id.
at 3-4. On September 30, 2014, Sullivan filed an action in state court against
IStoreGreen and entered into a stipulation of settlement on October 24, 2014. Id. at
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4; Exhibit B. Sullivan now claims that IStoreGreen violated the terms of the
stipulation and filed a Notice of Lien, dated November 13, 2014, against him. Id. at
4-5; Exhibit C. Finally, plaintiff notes that he is "in the midst of divorce and child
support proceedings" and that he "is in default of child support obligations in
amounts exceeding $100,000." Id. at 4; Exhibit A.
Plaintiff contends that New York's lien law is in conflict with "applicable
federal law regarding child support debt." Id. at 4. He further asserts several
related state law claims, and seeks damages as well as injunctive and declaratory
relief. Id. at 10.
Standard of Review
A complaint must provide "a short and plain statement of the claim showing
that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). This rule does not
require a plaintiff to provide "detailed factual allegations" in support of his or her
claims in order to survive a motion to dismiss, Bell At/. Corp. v. Twombly, 550 U.S.
544, 555 (2007), but it does demand "more than an unadorned, the-defendantunlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 667 (2009).
Indeed, mere conclusory allegations or "naked assertions" will not survive a motion
to dismiss without at least some "further factual enhancement" providing substance
to the claims alleged. Twombly, 550 U.S. at 557.
Typically, when a plaintiff proceeds without legal representation, the district
court must regard that plaintiff's complaint in a more liberal light, affording the
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pleadings of a prose litigant the strongest interpretation possible. See Erickson v.

Pardus, 551 U.S. 89, 94 (2007); Triestman v. Federal Bureau of Prisons, 470 F.3d 471,
471 (2d Cir. 2006) (per curiam). Here, however, Sullivan states that he is an
"unemployed attorney," Compl. at 2. Consequently, the Court is not obliged to read
his pleadings liberally. Tracy v. Freshwater, 623 F.3d 90, 101-02 (2d Cir. 2010);

Johnson v. MediSys Health Network, No. 10 CV 1596, 2013 WL 1334420, *1 n.1
(E.D.N.Y. Mar. 29, 2013) ("Although Johnson proceeds prose, she is an attorney.
Thus, she is not entitled to have her pleadings read with the degree ofliberality
given to non-attorney prose plaintiffs."); Bliven v. Hunt, 478 F. Supp. 2d 332, 334
(E.D.N.Y. 2007) (experienced attorney not entitled to degree of liberality given to
non-attorney pro se plaintiffs).
Finally, a district court must dismiss an in forma pauperis complaint like this
one if it "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be
granted; or (iii) seeks monetary relief against a defendant who is immune from such
relief." 28 U.S.C. § 1915(e)(2)(B).
Discussion
Federal courts are courts of limited jurisdiction and may not preside over
cases if they lack subject matter jurisdiction. Lyndonville Sav. Bank & Trust Co. v.

Lussier, 211 F.3d 697, 700-01 (2d Cir. 2000). The basic statutory grants of federal
court subject-matter jurisdiction are contained in 28 U.S.C. §§ 1331 and 1332.
Section 1331 provides for "[f)ederal-question" jurisdiction, whereas§ 1332 provides

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for the grant of "(d]iversity of citizenship" jurisdiction. A plaintiff properly invokes
§ 1331 jurisdiction when he pleads a colorable claim "arising under" the
Constitution or laws of the United States. Likewise,§ 1332 jurisdiction is properly
invoked when a plaintiff presents a claim between parties of diverse citizenship that
exceeds the required jurisdictional amount, currently $75,000. See § 1332(a). Lack
of subject matter jurisdiction cannot be waived and may be raised at any time by a
party or by the court sua sponte. See Henderson ex rel. Henderson v. Shinseki, 562
U.S. 428 (2011). If a court lacks subject matter jurisdiction, it must dismiss the
action. Fed. R. Civ. P. 12(h)(3); Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006).
Sullivan's complaint asserts federal question jurisdiction, yet fails to provide
any factual basis from which even the faintest inference of such jurisdiction could be
drawn. Rather, Sullivan's claim is wholly based on a contractual dispute with a
private storage company. In a novel approach, Sullivan tries to insert a federal
question into the case by claiming that the storage liens are impacted by various
federal laws concerning the discharge of child support debt. 1
In any event, the claim Sullivan does make is linked by him to child support
litigation. Such a claim, in essence, "concerns state law domestic relations matters,

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Perhaps, if prose solicitude were required, an extreme application of it might divine an
attempt to plead some sort of constitutional challenge to the storage laws. That, however,
would be a particularly dry hole given the prior state litigation commenced by Sullivan
over the bonafides of that claim. At bottom, Sullivan pleads no such claim and, given
that he is an attorney and the words of the claim he did make, the omission of such a
constitutional claim appears intentional, if not compelled by Civil Rule 11.
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matters that are better adjudicated in state court .... " Watty v. Cuomo, No. 12-CV2660 (Report and Recommendation), adopted by id., 2013 WL 816284 (E.D.N.Y.
Mar. 1, 2013). Indeed, "[s]o strong is [the Supreme Court's] deference to state law in
this area that [it has] recognized a 'domestic relations exception' that 'divests the
federal courts of power to issue divorce, alimony, and child custody decrees."' Elk

Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 12-13 (2004) (internal citation
omitted). Even more obvious, plaintiff's reference to federal laws relating to child
support is nothing more than a straw man predicate for finding an otherwise
missing federal question. The dispute between the actual parties to this lawsuit
relates to storage charges and liens. That the actual subject controversy in dispute
might cause financial upset and undermine Sullivan's ability to comply with child
support obligations is irrelevant. It hardly converts this controversy into one about
child support, which would, at any rate, be a controversy carved out of federal
question subject matter jurisdiction any way. What is plain is that this Court lacks
subject matter jurisdiction over this case since, contrary to Sullivan's contentions,
the complaint does not present a federal question.
Conclusion
For the foregoing reasons, the complaint, filed in forma pauperis, is dismissed
for lack of subject matter jurisdiction, but without prejudice and with leave to refile
his state claims in a state court of competent jurisdiction. See Fed. R. Civ. P.
12(h)(3); 28 U.S.C. § 1915(e)(2)(B).

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The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would
not be taken in good faith and therefore in forma pauperis status is denied for the
purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is directed to enter judgment accordingly, and to close
this case.

Dated:

Brooklyn, New York
December 26, 2014

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~N. VITALIANO
United States District Judge

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