Opinion

Brown-Bey v. Brown

Court
District Court, S.D. Ohio
Filed
Mar 31, 2020
Cited by
0 cases
Authority
More cited than 28.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Wayne Lee Brown-Bey,

Plaintiff,

v. Case No. 2:19-cv-4392

Jeffery Brown

CEO of Ally,

Defendant.

OPINION AND ORDER

This is a pro se action filed by plaintiff Wayne Lee Brown-Bey

against Jeffery Brown, CEO of Ally Auto. In an affidavit attached

to his complaint filed on October 2, 2019, plaintiff alleged that

in May of 2019, he signed a promissory note with a loan officer at

the Dave Gill automobile dealership, and signed a promissory note

to pay Ally Auto approximately twenty-four thousand dollars as part

of a loan to purchase a 2017 Equinox. Plaintiff further alleged

that the United States is a foreign bankrupt corporation and that

it is against public policy to demand debt notes or instruments.

Plaintiff claimed that defendant Brown and his agents terrorized

him and threatened to steal his property if he did not pay them “a

certain amount of dollars.” Plaintiff informed them that only gold

and silver had intrinsic value, not private commercial paper.

Plaintiff claimed that Brown and his agents engaged in fraud and

theft by stating that they gave him a loan and he owed them a debt,

and that when plaintiff sent them his proclamation of his Moorish

American nationality, they did not verify the debt. Plaintiff

seeks a declaration that the debt is discharged, and an injunction

prohibiting defendant from stealing his automobile. Doc. 1, pp. 5-

6.

On October 28, 2019, defendant filed a motion to dismiss the

complaint pursuant to Fed. R. Civ. P. 8(a), 9(b) and 12(b)(6).

Plaintiff did not file a timely response to this motion. Instead,

plaintiff submitted a document stating: that he is the rightful

heir and beneficiary of his Moorish/Moroccan estate; that he is

claiming ownership of all certificates signed by him; that when

defendant and Ally did not rebut his affidavit, they accepted

positions as trustees over his estate, and that they breached their

duties as trustees by filing an action against him in the Franklin

County Common Pleas Court; that defendant Brown should forfeit all

his property for violating plaintiff’s rights; and that plaintiff

is demanding “100,000 notes to repair my domicile, for damages.”

Doc. 7, pp. 1-2.

Defendant has moved to dismiss the complaint pursuant to Fed.

R. Civ. P. 12(b)(6) for failure to state a claim for which relief

may be granted. In ruling on a motion to dismiss under Rule

12(b)(6), the court must construe the complaint in a light most

favorable to the plaintiff, accept all well-pleaded allegations in

the complaint as true, and determine whether plaintiff undoubtedly

can prove no set of facts in support of those allegations that

would entitle him to relief. Erickson v. Pardus, 551 U.S. 89, 94

(2007); Bishop v. Lucent Technologies, Inc., 520 F.3d 516, 519 (6th

Cir. 2008) To survive a motion to dismiss, the “complaint must

contain either direct or inferential allegations with respect to

all material elements necessary to sustain a recovery under some

viable legal theory.” Mezibov v. Allen, 411 F.3d 712, 716 (6th

Cir. 2005). Conclusory allegations or legal conclusions

masquerading as factual allegations will not suffice. Id.

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While the complaint need not contain detailed factual

allegations, the “[f]actual allegations must be enough to raise the

claimed right to relief above the speculative level,” Bell Atlantic

Corp. v. Twombly, 550 U.S. 544, 555 (2007), and must create a

reasonable expectation that discovery will reveal evidence to

support the claim. Campbell v. PMI Food Equipment Group, Inc., 509

F.3d 776, 780 (6th Cir. 2007). A complaint must contain facts

sufficient to “state a claim to relief that is plausible on its

face.” Twombly, 550 U.S. at 570. Although the filings of a pro se

litigant are construed liberally, a pro se party will not be

relieved of the responsibility to comply with basic rules of court.

McNeil v. United States, 508 U.S. 106, 113 (1993).

Defendant Brown argues that the complaint fails to state a

claim for which relief may be granted, and that dismissal is

warranted under Rule 12(b)(6). This court agrees. Plaintiff

alleges that because he is of “Moorish American Nationality” and

the United States is an insolvent foreign bankruptcy corporation,

he is not required to repay his car loan. Plaintiff identifies

defendant Brown as the chief executive officer of a company he

refers to as “Ally Auto,” but makes only conclusory allegations

regarding defendant Brown’s actions. The complaint also fails to

make a “short and plain statement of the claim showing that the

pleader is entitled to relief” as required under Rule 8(a)(2).

Where the facts pleaded do not permit the court to infer more than

the mere possibility of misconduct, the complaint has not shown

that the pleader is entitled to relief as required under Rule

8(a)(2). Twombly, 550 U.S. at 570.

Defendant further argues that plaintiff has failed to plead

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fraud with particularity as required under Rule 9(b). The

complaint does not include the minimum requirements for pleading a

potential fraud claim. See Kuvedian, LLC v. Cognizant Tech.

Solutions, 547 F.3d 564, 570 (6th Cir. 2008).

The defendant’s motion to dismiss (Doc. 6) is well taken, and

it is hereby granted. The complaint is dismissed pursuant to Rules

8(a)(2) and 12(b)(6) for failure to state a claim for which relief

may be granted, and pursuant to Rule 9(b) for failure to plead

fraud with particularity.

Date: March 31, 2020 s/James L. Graham

James L. Graham

United States District Judge

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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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