Opinion

PEASLEE v. BROWN

Court
District Court, D. Maine
Filed
Apr 22, 2024
Cited by
0 cases
Authority
More cited than 23.3%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

DIANNE V. PEASLEE, )

)

Plaintiff )

)

v. ) No. 1:24-cv-00011-JAW

)

DARRYL BROWN, SR., )

DARRYL BROWN, JR., and )

BROWN’S EXIT 27 SALVAGE, )

)

Defendants )

RECOMMENDED DECISION AFTER PRELIMINARY REVIEW

Because I granted Dianne Peaslee’s application to proceed in forma pauperis,

see Order (ECF No. 5), her Complaint (ECF No. 1) is now before me for preliminary

review in accordance with 28 U.S.C. § 1915(e)(2)(B). I conclude that the Court lacks

subject matter jurisdiction to entertain Peaslee’s claims and, on that basis,

recommend that the Court dismiss the Complaint.

I. Legal Standard

The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure

meaningful access to federal courts for persons unable to pay the costs of bringing an

action. See Neitzke v. Williams, 490 U.S. 319, 324 (1989). When a party proceeds

in forma pauperis, however, a court must “dismiss the case at any time if” it

determines that the action “is frivolous or malicious[,] . . . fails to state a claim on

which relief may be granted,” or “seeks monetary relief against a defendant who is

immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). Dismissals under section 1915

are often made on the court’s own initiative “prior to the issuance of process, so as to

spare prospective defendants the inconvenience and expense of answering” meritless

complaints. Neitzke, 490 U.S. at 324.

The bases for dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B) include lack of

subject matter jurisdiction, without which a court is powerless to act. See, e.g., Gates

v. Amundsen, No. 2:20-cv-00487-NT, 2021 WL 139477, at *1 (D. Me. Jan. 14, 2021)

(affirming recommended decision of Magistrate Judge Nivison on § 1915(e)(2)(B)

screening to dismiss case for failure to state a claim within court’s subject matter

jurisdiction); Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks

subject-matter jurisdiction, the court must dismiss the action.”).

“Federal courts are courts of limited jurisdiction.” United States v. Univ. of

Mass., 812 F.3d 35, 44 (1st Cir. 2016). “They cannot act in the absence of subject

matter jurisdiction, and they have a sua sponte duty to confirm the existence of

jurisdiction in the face of apparent jurisdictional defects.” Id. (cleaned up). “Federal

jurisdiction extends only to cases that arise under federal law and cases where there

is diversity of citizenship among the parties.” Gates, 2021 WL 139477, at *1 (cleaned

up). Because Peaslee disclaims the latter basis for jurisdiction, only the former is

relevant here.1 Complaint ¶ II. A review of Peaslee’s complaint fails to reveal a basis

upon which this Court could exercise federal question jurisdiction in this case.

1 Indeed, there is no diversity jurisdiction in this case. The Plaintiff, a Maine resident, sues other

Maine residents and a business based in Maine. See Complaint ¶ I.

II. Factual Background

Peaslee’s suit arises from her 2018 purchase of a home in Chelsea, Maine (“the

Property”), from Darryl Brown, Sr., of West Gardiner, Maine, and his son Darryl

Brown, Jr., of Hallowell, Maine, in exchange for a $15,000 downpayment and

payments to the Browns of $600 per month for fifteen years. See Complaint at 2, 4-5;

Exh. 1 (ECF No. 1-1) at 3. She alleges that she discovered in 2020 that the Browns

had purchased the Property at a real estate foreclosure auction and had misled her

as to the amount of damage it had sustained and the scope of repairs they had made

to it before her purchase. See Complaint at 5. She adds that the Browns failed to

issue an IRS Form 1098 reporting mortgage interest received from her, impeding her

ability to file her tax return. See id. at 2-3.2

Peaslee seeks the release of the deed for the Property or the return of $31,800,

the total she has paid the Browns for the property (her initial down payment plus

twenty-eight monthly mortgage payments). See id. at 5. She also seeks damages of

$129,694 allegedly suffered as a result of her early withdrawal of money from a

retirement account to make her down payment and punitive damages of $1,000,000

($500,000 from each of the Browns) “based on the severe emotional, mental, and

psychological stress” caused by their alleged “willful and fraudulent

misrepresentation of the condition of the property, their continued refusal to give

promised paperwork regarding the property, their continued refusal to address their

2 Peaslee added the third defendant, Brown’s Exit 27 Salvage, because she believes that the Browns

“may file income jointly under this business.” Complaint at 2.

shoddy repairs to the property, and general lack of any moral standard surrounding

the sale of this property.” Id. at 5-6.

III. Discussion

Peaslee cites two federal statutes—15 U.S.C. § 1702 and 18 U.S.C. § 1341—as

well as a federal regulation, 26 C.F.R. § 1.6050 H-2, as the bases for the Court’s

exercise of federal question jurisdiction over this case. See id. ¶ 2(A). However, she

plainly has no cause of action pursuant to any of those authorities, requiring the

dismissal of the case.

The first cited statute, 15 U.S.C. § 1702, is part of the Interstate Land Sales

Full Disclosure Act (ILSFDA), “a federal anti-fraud statute regulating the sale of

certain real estate developments containing more than 100 ‘lots’ of land” that is aimed

principally at “protecting purchasers from unscrupulous sales of undeveloped home

sites.” In re Mona Lisa at Celebration, LLC, 472 B.R. 582, 598-99 (M.D. Fla. 2012)

(cleaned up). Given that focus, certain real estate developments are exempt from the

ILSFDA, among them, “the sale or lease of any improved land on which there is a

residential . . . building.” 15 U.S.C. § 1702(a)(2); see also In re Mona Lisa, 472 B.R.

at 602 (noting that “a contract selling an existing home is exempt” from the ILSFDA,

“presumably because a purchaser can see the house,” as a result of which “[t]he buyer

is not at risk the developer will take his deposit and fail to build the home” (cleaned

up)).

The transaction of which Peaslee complains—the purchase of a single existing

home—accordingly falls outside of the scope of the ILSFDA. She therefore has no

cause of action against the Browns pursuant to 15 U.S.C. § 1702.

Peaslee’s reliance on the second cited statute fares no better. This Court has

held that 18 U.S.C. § 1341—a federal criminal statute that targets “[f]rauds and

swindles”—confers no right of action in a civil case. See Doyle v. Falmouth Town

Council, No. 2:16-cv-00215-JDL, 2016 WL 3248211 at *1 (D. Me. June 13, 2016) (rec.

dec.) (holding that a plaintiff in a civil case failed to invoke the Court’s federal

question jurisdiction by alleging that the defendants violated 18 U.S.C. § 1341, which

neither expressly nor impliedly creates a private right of action), aff’d, 2016 WL

3892374 (D. Me. July 14, 2016).

Peaslee’s reliance on 26 C.F.R. § 1.6050 H-2 founders for the same reason as

her reliance on 18 U.S.C. § 1341. While both the regulation and a related statute,

26 U.S.C. § 6050H, require recipients of $600 or more yearly in interest from a debtor

to provide a mortgage interest statement or an IRS Form 1098 to that debtor, see

26 C.F.R. § 1.6050 H-2(b); 26 U.S.C. § 6050H(d), neither expressly creates a private

right of action against a recipient, and courts have declined to imply such a right of

action, see, e.g., Rovai v. Select Portfolio Servicing, Inc., No. 14-cv-1738-BAS (WVG),

2015 WL 3613748, at *1-2 (S.D. Cal. May 11, 2015) (declining to imply a private cause

of action pursuant to 26 U.S.C. § 6050H; observing, “Generally, statutes that focus on

the person regulated rather than the individuals protected create no implication of

an intent to confer rights on a particular class of persons.” (cleaned up)).

III. Conclusion

For the foregoing reasons, I recommend that the Court DISMISS Peaslee’s

complaint pursuant to 28 U.S.C. § 1915(e)(2)(B).

NOTICE

A party may file objections to those specified portions of a Magistrate

Judge’s report or proposed findings or recommended decisions entered

pursuant to 28 U.S.C. § 636(b)(1)(B) for which de novo review by the District

Court is sought, together with a supporting memorandum, within fourteen

(14) days after being served with a copy thereof. A responsive memorandum

shall be filed within fourteen (14) days after the filing of the objection.

Failure to file a timely objection shall constitute a waiver of the right

to de novo review by the District Court and to appeal the District Court’s

order.

Dated: April 22, 2024

/s/ Karen Frink Wolf

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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