HUGHES v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al

Filing 7

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 9/7/2016. 9/8/2016 ENTERED AND COPIES MAILED TO PRO SE.(kp, )

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES HUGHES

CIVIL ACTION

v.
NEW YORK ST ATE DEPARTMENT
OF MOTOR VEHICLES

NO. 16-1333

FILED
SEP -7 2016

THERESA L. EGAN
MEMORANDUM
SANCHEZ,J.

LUCYV.CHIN, In
terimClerk
By
Oep.Clerk

rt.
SEPTEMBERr : w16

Currently before the Court is plaintiffs filing, which is comprised of various documents
that appear to respond to the Court' s April 20, 2016 order dismissing plaintiffs complaint and
giving him leave to file an amended complaint. The Court will construe the filing as an amended
complaint and dismiss the amended complaint.
Plaintiff initiated this civil action by filing a one-page complaint against the New York
State Department of Motor Vehicles and Theresa L. Egan accusing those defendants of
"trespass" on plaintiffs property by way of a "forged instrument." He further alleged Egan
claimed that he "failed to answer a ticket." On April 20, 2016, the Court granted plaintiff leave
to proceed informa pauperis and dismissed the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)
because: (1) the New York State Department of Motor Vehicles is entitled to Eleventh
Amendment immunity; and (2) plaintiff failed to provide a basis for the Court's jurisdiction and,
in any event, venue appeared to be improper. Plaintiff was given leave to file an amended
complaint against Egan in the event he could state a plausible claim within this Court' s
jurisdiction.

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Plaintiff responded by filing a compilation of documents . Among the documents is a
complaint that essentially duplicates the original complaint, but bears the case number for this
civil action and a more recent date. Plaintiff's filing also includes a letter indicating that plaintiff
seeks to stand on his original complaint as pied, notices containing various legal citations
governing the standard for dismissal, and notices reflecting plaintiff' s belief that the Court has
venue and/or jurisdiction over his claims. The Court will construe the filing as an amended
complaint.
As plaintiff is proceeding in forma pauper is, the Court must screen his amended
complaint and dismiss it if, among other things, it fails to state a claim. See 28 U.S.C. §
1915(e)(2)(B)(ii). To survive dismissal for failure to state a claim, the complaint must contain
"sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. "

Ashcroft v. Iqbal, 556 U.S . 662, 678 (2009) (quotations omitted). " [M]ere conclusory
statements[] do not suffice." Id. As plaintiff is proceedingpro se, the Court must construe his
allegations liberally. Higgs v. Att'y Gen., 655 F.3d 333 , 339 (3d Cir. 2011). Furthermore, " [i]f
the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss
the action." Fed. R. Civ. P. 12(h)(3).
Plaintiff's filing, which appears to rest primarily on the allegations of his original
complaint and general legal citations, does not cure the deficiencies in his claims. The Court
cannot discern a nonfrivolous or plausible basis for a claim against the defendants within this
Court' s jurisdiction. Accordingly, the Court will dismiss the amended complaint. Plaintiff will
not be given another opportunity to amend because the Court concludes that further amendment
would be futile. An appropriate order follows, which shall be docketed separately.

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