Opinion

Jackson v. Office of Personnel Management

Court
District Court, W.D. New York
Filed
Oct 13, 2021
Cited by
0 cases
Authority
More cited than 27.9%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

___________________________________________

DENISE JACKSON,

DECISION AND ORDER

Plaintiff,

19-CV-6765L

v.

OFFICE OF PERSONNEL MANAGEMENT,

Defendant.

___________________________________________

The pro se plaintiff in this case, Denise Jackson, filed a complaint and an application to

proceed in forma pauperis (“IFP”) on October 15, 2019. After reviewing the complaint pursuant to

28 U.S.C. § 1915(e)(2)(B), the Court dismissed the complaint without prejudice, based on the

complaint’s failure to state a claim. The Court also denied the IFP application because plaintiff’s

incompletely filled out IFP application form did not demonstrate economic need. (Dkt. #3.)

Regarding the complaint, the Court stated that “the plaintiff’s complaint does not merely fail

to state a claim; it fails to state anything at all.” Other than the names of the parties and a statement

that plaintiff wanted the Court to “[m]ake sure there is no Fraud on [some unspecified] policy” and

to “give to Right person,” the complaint gave no indication of what the claim is or what the case is

even about. The Court gave plaintiff leave to replead, and explained that if plaintiff did file an

amended complaint, it should contain a statement of alleged facts and the legal basis for plaintiff’s

claim.

Plaintiff filed an amended complaint, together with another IFP application. The Court

granted the IFP application on April 7, 2021, and summonses were issued to the U.S. Office of

Personnel Management (“OPM”), the U.S. Attorney, and the U.S. Attorney General. (Dkt. #6.)

On July 29, 2021, OPM filed a motion to dismiss the complaint for lack of subject matter

under Rule 12(b)(1) of the Federal Rules of Civil Procedure. (Dkt. #11.) Plaintiff has not responded

to the motion. For the following reasons, defendant’s motion is denied, but the complaint is

dismissed.

As explained below, the amended complaint is so bare-bones that it is difficult to determine

the precise nature or basis of the claim. But since OPM has moved to dismiss for lack of subject

matter jurisdiction, which is a threshold matter in every case, the Court addresses that issue first.

Defendant construes the complaint as asserting a claim concerning the proceeds of a life

insurance policy issued to Willa Mae Allen, who worked for the United States Postal Service from

1967 to 1975, when she began receiving disability annuity payments. Defendant states that in 2009,

OPM received a designation of beneficiary form from Allen designating two beneficiaries, neither

of whom is the plaintiff. Allen died in March 2018.

Defendant contends that the complaint must be dismissed because it arises under the Federal

Employees’ Group Life Insurance Act, 5 U.S.C. § 8701 et seq., and Congress has not waived the

United States’ sovereign immunity with respect to such claims. While that is a correct statement of

the law, at this point it is impossible to determine whether the instant complaint is subject to

dismissal on that ground, because the complaint itself does not show that plaintiff’s claim is as

described by defendant. The complaint says nothing about where Allen worked, or about any

specific life insurance policy. Those facts are alleged by defendant in their motion papers.

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Though the Court has no reason to doubt the truth of defendant’s factual assertions, that does

not mean that I can assume them to be true at this juncture. Although on a motion to dismiss for lack

of subject matter jurisdiction under Rule 12(b)(1) a district court may refer to evidence outside the

pleadings, see Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000), at this point the facts

relied on by defendant are contained only in OPM’s attorney’s declaration and memorandum of law.

If the facts are as described by defendant, then it appears the complaint would have to be dismissed

for lack of subject matter jurisdiction for the reasons stated in OPM’s motion, but at this point the

Court cannot make that determination based on the record before me.

That does not save the complaint from dismissal, however. Under 28 U.S.C. § 1915(e)(2),

“the court shall dismiss the case at any time if the court 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.” (Emphasis added;

formatting altered for clarity.) See also Strauss v. Kentucky Board of Medical Licensure,

19-CV-6537, at *5, 2020 WL 1493963, at *5 (W.D.N.Y. Mar. 26, 2020) (dismissing pro se

complaint under that standard). It is plain that the complaint here must be dismissed for failing to

state a claim upon which relief may be granted.

Even given the most generous construction, the amended complaint represents, at best, only

a marginal improvement over the initial complaint. Where the complaint form asks for “Basis of

Jurisdiction in Federal Court,” plaintiff states, “giving the Voluntary Administration find [sic] about

Policy Insurance to inherit.”1 Under “Nature of Suit,” she states, “Policy Insurance Fund and value

on it.” (Dkt. #4 at 1.)

1 The final word in that sentence is nearly illegible, but it appears to be “inherit.”

-3-

In the “Statement of Claim” section of the form, plaintiff states that the defendant is “Office

of Personnel Management, Agency,” but where the form directs the litigant to state what the

defendant is alleged to have done, plaintiff left that portion completely blank. She states that the

federal basis for the claim is “about Insurance,” and that for relief she is “seeking the Insurance fund

of Willa Mae Allen who is deceased, she is Aunt, her niece.” Id. at 4. Under “Summary of Relief

Sought,” plaintiff writes, “Seeking to collect the Insurance policy.” Id. at 5.

The above recitation is not a summary of the contents of the complaint; it is the contents of

the complaint, other than the parties’ names and addresses.

That is wholly insufficient to state a claim. The complaint literally contains no allegations

about anything that happened, much less shows that plaintiff is or even might be entitled to relief.

All that can be gleaned is that the claim relates to some insurance policy for Willa Mae Allen, who

was allegedly plaintiff’s aunt. There is no explanation whatsoever for why plaintiff is bringing this

claim against OPM, or what connection OPM has to any of this.

As the Court stated with respect to the initial complaint, “the complaint does not contain a

cogent factual statement of any kind, let alone ‘enough facts to state a claim to relief that is plausible

on its face.’” (Dkt. #3 at 3) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). That

is as true of the amended complaint as it was of the original complaint, and the complaint is therefore

dismissed.

-4-

CONCLUSION

Defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction under

Fed. R. Civ. P. 12(b)(1) (Dkt. #11) is denied.

The complaint is dismissed for failure to state a claim upon which relief may be granted

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

IT IS SO ORDERED.

DAVID G. LARIMER

United States District Judge

Dated: Rochester, New York

October 13, 2021.

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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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