Opinion

Crowder v. Joseph

Court
District Court, S.D. Ohio
Filed
Sep 29, 2022
Cited by
0 cases
Authority
More cited than 28.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

ROBERT CROWDER, JR., :

Plaintiff, Case No. 3:21-cv-104

vs. ‘JUDGE WALTER H. RICE

RUSSELL JOSEPH, et a/,

Defendants.

DECISION AND ENTRY DISMISSING COMPLAINT WITHOUT PREJUDICE TO

REFILING IN A STATE COURT OF COMPETENT JURISDICTION;

OVERRULING AS MOOT DEFENDANTS’ MOTION TO DISMISS (DOC. #6);

JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST

PLAINTIFF; TERMINATION ENTRY

Plaintiff Robert Crowder Jr., who is proceeding pro se, filed this lawsuit

against former Montgomery County Treasurer Russell Joseph, Montgomery

County Auditor Karl Keith, Montgomery County Prosecuting Attorney Mathias H.

Heck, Jr., and Montgomery County Recorder Brandon McClain.’ Doc. #1,

PagelD#1. Plaintiff alleges that Defendants have engaged in misconduct relating

to tax information, foreclosures and audits.

' Although Plaintiff listed additional plaintiffs in the caption of his complaint—namely, Redworc

Technologies, Derrick Conner, and Limitless Auto Trim—none of them signed the complaint. Doc.

#1, PagelD##1, 4. Therefore, the only plaintiff before the Court is Robert Crowder, Jr.

Pending before the Court is a Motion to Dismiss Plaintiff’s Complaint

(“Motion to Dismiss” or “Motion”) filed by Defendants Joseph, Keith, Heck and

McClain (collectively “Defendants”) pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R.

Civ. P. 12(b)(6). Doc. #6. Plaintiff filed a Response to Motion to Dismiss. Doc. #8.

For the reasons set forth below, the Court concludes that it lacks subject

matter jurisdiction over this action. The Court therefore dismisses the action

pursuant to Fed. R. Civ. P. 12(h)(3) without prejudice to refiling in a state court of

competent jurisdiction. The Court overrules the Motion to Dismiss as moot.

I. Background

This Court liberally construes a pro se complaint and holds it “to less

stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus,

551 U.S. 89, 94, 127 S. Ct. 2197, 167 L.Ed.2d 1081 (2007) (per curiam).

Nevertheless, a pro se complaint must adhere to the “basic pleading essentials.”

Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989). For example, “courts should not

have to guess at the nature of the claim asserted.” /a. Instead, the complaint must

“give the defendant fair notice of what the ... claim is and the grounds upon

which it rests.” Erickson, 551 U.S. at 93.

Plaintiff alleges that Defendant Joseph “is reporting false tax information to

cover up bank and real estate fraud against community.” Doc. #1, PagelD#3.?

? In setting forth the background, taken from the Complaint, the Court has accepted Plaintiff's

factual allegations as true and has construed them in the light most favorable to him.

Plaintiff alleges that Defendant Heck “is enforcing unenforceable liens to

foreclose on low income Dayton community.” Doc. #1, PagelD#3.

Plaintiff alleges that Defendant Keith “is giving false information, taking

money from investors, and failing to audit records in accordance with law.” Doc.

#1, PagelD#3.

Plaintiff alleges that Defendant McClain “is not keeping records accurate in

the low income community.” Doc. #1, PagelD#3.

Plaintiff alleges that “Key Bank signed 120 million dollar deal to cover fraud

using auditor's false audit.” Doc. #1, PagelD#3.

Plaintiff alleges: “They are using 2329 of the Ohio Revised Code-to deprive

citizens of 1303.16 of the Ohio Revised Code.” Doc. #1, PagelD#3.

For relief, Plaintiff would like to finish acquiring several specific properties.

Doc. #1, PagelD#4. He would like “a cease & desist issued to stop city unlawful

foreclosure proceeding (foreclosure mill).” /a. He would like the Court to “[{o]rder

city officials to reinstate Lot links program and allow county residents to utilize

lawful methods to acquired so lawful tax liens can begin to be assessed in

accordance with law.” /d. Finally, he would like Defendants to be investigated for

“all attached title 18 violations of the United States Code.” /a.

ll. Subject Matter Jurisdiction

This Court is required to ensure that it has subject matter jurisdiction before

it proceeds to decide a dispute. See Fed. R. Civ. P. 12(h)(3). The Court will

therefore begin its analysis by examining whether any of the cited statutes gives it

subject matter jurisdiction over Plaintiff's Complaint.

Plaintiff asserts that the Court has subject matter jurisdiction pursuant to 18

U.S.C. 8§ 241, 242, 1344, 1593a & 1951, and 28 U.S.C. 88 1331, 1332(a)(1) &

1343(3). Doc. #1, PagelD#2. Plaintiff describes the cause of action as “[b]locking

right to acquire property.” /d., PagelD##3, 8.

The statutes codified in 18 U.S.C. 88 241 (conspiracy against rights), 242

(deprivation of rights under color of law), 1344 (bank fraud), 1593A (benefitting

financially from peonage, slavery, and trafficking in persons), and 1951

(interference with commerce by threats or violence) are criminal laws. None of

these criminal laws purports to give the Court subject matter jurisdiction over a

civil action. Instead, claims alleging violations of these criminal laws must be filed

by a United States Attorney or Assistant United States Attorney, not by a private

citizen. Thus, the cited sections of Title 18 of the United States Code do not give

the Court subject matter jurisdiction over Plaintiff's Complaint.

Section 1332(a)(1) of Title 28 of the United States Code grants the Court

subject matter jurisdiction to hear cases between citizens of different states.

“Diversity of citizenship ... exists only when no plaintiff and no defendant are

citizens of the same state.” /erome-Duncan, Inc. v. Auto-By-Tel, LLC, 176 F.3d 904,

907 (6th Cir. 1999). Plaintiff alleges that he resides in Ohio. Doc. #1, PagelD#1.

Plaintiff is therefore considered to be a citizen of Ohio. The Court takes judicial

notice that Defendants are or were elected officials in Ohio, and therefore are

citizens of Ohio. Because Plaintiff and Defendants are citizens of the same state,

the Court does not have subject matter jurisdiction under 28 U.S.C. §1332(a)(1).

Section 1343(a) of Title 28 of the United States Code grants the Court

subject matter jurisdiction over certain civil rights actions. Construed liberally,

Plaintiffs’ allegations do not fall within the categories of civil rights actions

described in Section 1343(a). Therefore, the Court does not have subject matter

jurisdiction under 28 U.S.C. 8 1343(a).

Finally, Section 1331 of Title 28 of the United States Code grants the Court

subject matter jurisdiction over “all civil actions arising under the Constitution,

laws, or treaties of the United States.” Plaintiff does not cite any federal statute or

Constitutional provision that gives him a civil cause of action. Instead, Plaintiff

claims only that Defendants violated state law. Specifically, Plaintiff alleges that

Defendants violated Chapter 2329 of the Ohio Revised Code (titled “Execution

Against Property”) and thereby harmed Plaintiff's rights under Ohio Revised Code

§ 1303.16 (titled “Statute of limitations - UCC 3-118”). State-law claims do not

“arise under” federal law. Therefore, the Court does not have subject matter

jurisdiction under 28 U.S.C. § 1343(a).

Accordingly, because the Court lacks subject matter jurisdiction over this

action, the Court DISMISSES Plaintiff's Complaint WITHOUT PREJUDICE to

refiling in a state court of competent jurisdiction. The Court also OVERRULES AS

MOOT Defendants’ Motion to Dismiss, Doc. #6.

Judgment shall be entered in favor of Defendants and against Plaintiff.

The captioned case is hereby ordered terminated upon the docket records

of the United States District Court for the Southern District of Ohio, Western

Division, at Dayton.

Date: September A¥ 2022 US arse hy, Gee

WALTER H. RICE

UNITED STATES DISTRICT 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.