Dunbar v. Johnson

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JANIS L. DUNBAR,

Plaintiff,

25-CV-1957 (LLS)

-against-

B.E.T. CEO ROBERT JOHNSON; N.A.A.C.P. ORDER OF DISMISSAL

SCOTT X. ESDAILE; MICHAEL BLACKSON,

Defendants.

LOUIS L. STANTON, United States District Judge:

Plaintiff, who is appearing pro se, brings this action invoking the court’s federal question

jurisdiction against Black Entertainment Television (“BET”) Chief Executive Officer Robert

Johnson; Scott X. Esdaile, whom Plaintiff describes as the “Elected President” of the NAACP;

and BET employee Michael Blackson. By order dated March 14, 2025, the court granted

Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. The

Court dismisses the complaint for the reasons set forth below.

STANDARD OF REVIEW

The Court must dismiss an IFP complaint, or any portion of the complaint, that is

frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary

relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see

Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also

dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See

Fed. R. Civ. P. 12(h)(3).

While the law mandates dismissal on any of these grounds, the Court is obliged to

construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret

them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470

F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in

original). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has its limits –

to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil

Procedure, which requires a complaint to make a short and plain statement showing that the

pleader is entitled to relief.

Rule 8 requires a complaint to include enough facts to state a claim for relief “that is

plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially

plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that

the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must

accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal, 556 U.S. 662, 678-79

(2009). But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of

action,” which are essentially just legal conclusions. Twombly, 550 U.S. at 555. After separating

legal conclusions from well-pleaded factual allegations, the Court must determine whether those

facts make it plausible – not merely possible – that the pleader is entitled to relief. Id.

BACKGROUND

Plaintiff, who is a resident of New Haven, Connecticut, invokes the court’s federal

question jurisdiction. In response to the question on the complaint form asking which of her

federal constitutional or federal statutory rights were violated, she writes, “Curtis James Jackson

used my ideal for 50 Central. I told NAACP Scott X email about him power case sued with him

Michael Blackson double dates with my stalkers.” (ECF 1, at 2.)1

1 Plaintiff writes using irregular capitalization. For readability, the Court uses standard

capitalization when quoting from the complaint. All other spelling, grammar, and punctuation

are as in the original unless otherwise noted.

The following allegations are drawn from the complaint. Plaintiff told Curtis James

Jackson, who is professionally known as 50 Cent, that “you should do a comedy show” and

“even picked Jazmine Brown.” (Id. at 5.) Brown, however, “went to live in the bathroom

[illegible] to give me a pep talk.” (Id.) Plaintiff alleges that 50 Cent “was seeing Jamira Haines a

practicing witch at the same time he was hiding her.” (Id.) Plaintiff was “stalked by [Haines] this

same month on [her] house phone. [Haines] even chanted die for 3 days.” (Id.) Plaintiff “emailed

Scot X a flyer.” (Id. at 5-6.) Plaintiff further alleges,

Michael Blackson was going live and double dating with my stalkers. 50 Cent

gave her a car while they were . . . double dating. Tyler Perry 51% share holder is

getting sued for a free book. For entertaining my tormentor for 7 years I told Tyler

Perry about 50 Cent/Curtis Jackson. I guess no one thought I would get here.

(Id. at 6.)

Plaintiff alleges that “[e]very single day [she] is being called crazy,” and asserts claims

for defamation and emotional and mental distress. (Id.)

Plaintiff seeks $114,000,000 in damages.

DISCUSSION

A. Subject matter jurisdiction

The subject matter jurisdiction of the federal district courts is limited and is set forth

generally in 28 U.S.C. §§ 1331 and 1332. Under these statutes, a federal district court has

jurisdiction only when a “federal question” is presented or when plaintiff and defendant are

citizens of different states and the amount in controversy exceeds the sum or value of $75,000.

“‘[I]t is common ground that in our federal system of limited jurisdiction any party or the court

sua sponte, at any stage of the proceedings, may raise the question of whether the court has

subject matter jurisdiction.’” United Food & Com. Workers Union, Loc. 919, AFL-CIO v.

CenterMark Prop. Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994) (quoting Manway

Constr. Co., Inc. v. Hous. Auth. of the City of Hartford, 711 F.2d 501, 503 (2d Cir. 1983)); see

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.”); Ruhrgas AG v. Marathon Oil Co., 526 U.S.

574, 583 (1999) (“[S]ubject-matter delineations must be policed by the courts on their own

initiative.”).

To invoke federal question jurisdiction, a plaintiff’s claims must arise “under the

Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. A case arises under

federal law if the complaint “establishes either that federal law creates the cause of action or that

the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal

law.” Bay Shore Union Free Sch. Dist. v. Kain, 485 F.3d 730, 734-35 (2d Cir. 2007) (quoting

Empire Healthchoice Assur., Inc. v. McVeigh, 547 U.S. 677, 690 (2006)). Mere invocation of

federal jurisdiction, without any facts demonstrating a federal law claim, does not create federal

subject matter jurisdiction. See Nowak v. Ironworkers Loc. 6 Pension Fund, 81 F.3d 1182, 1188-

89 (2d Cir. 1996). Here, Plaintiff invokes the Court’s federal question jurisdiction, but nothing in

the complaint suggests a viable claim under federal law.

Plaintiff does not allege facts demonstrating that the Court has diversity of citizenship

jurisdiction of this action either. To establish diversity jurisdiction under 28 U.S.C. § 1332, a

plaintiff must first allege that the plaintiff and the defendant are citizens of different states. Wis.

Dep’t of Corr. v. Schacht, 524 U.S. 381, 388 (1998). In addition, the plaintiff must allege to a

“reasonable probability” that the claim is in excess of the sum or value of $75,000.00, the

statutory jurisdictional amount. See 28 U.S.C. § 1332(a); Colavito v. N.Y. Organ Donor Network,

Inc., 438 F.3d 214, 221 (2d Cir. 2006). Here, Plaintiff alleges that she resides in New Haven,

Connecticut, and she provides only employment addresses for Defendants. She does not allege

where they reside or their citizenship. Furthermore, because Plaintiff provides no facts

explaining why she is seeking $114,000,000 in damages, the complaint does not show to a

reasonable probability that the amount in controversy meets the statutory jurisdictional amount

of $75,000.

The Court therefore dismisses this action for lack of subject matter jurisdiction. See Fed.

R. Civ. P. 12(h)(3).

B. Plaintiff’s claims appear to have no basis in law or fact

Even if Plaintiff could meet the requirements to establish that the Court has diversity

jurisdiction of this action, she has not alleged facts suggesting a plausible claim for relief. Under

the IFP statute, a court must dismiss a case if it determines that the action is frivolous or

malicious. 28 U.S.C. §1915(e)(2)(B)(i). A claim is “frivolous when either: (1) the factual

contentions are clearly baseless, such as when allegations are the product of delusion or fantasy;

or (2) the claim is based on an indisputably meritless legal theory.” Livingston, 141 F.3d at 437

(internal quotation marks and citation omitted). Moreover, a court has “no obligation to entertain

pure speculation and conjecture.” Gallop v. Cheney, 642 F.3d 364, 368 (2d Cir. 2011) (finding as

frivolous and baseless allegations that set forth a fantastical alternative history of the September

11, 2001 terrorist attacks).

The Court, after reviewing Plaintiff’s complaint, finds that it presents no arguable basis in

law or in fact. See Neitzke v. Williams, 490 U.S. 319, 325 (1989). Plaintiff’s assertions – that a

famous musician’s girlfriend, who is a “witch,” was stalking Plaintiff while a television

personality was “double dating” her stalkers – do not provide any plausible factual support for a

viable legal claim and appear to rise to the level of the irrational. See Livingston, 141 F.3d at

437; see also Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (“[A] finding of factual

frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly

incredible, whether or not there are judicially noticeable facts available to contradict them.”).

Plaintiff has pleaded no factual predicate showing that Defendants have violated her rights. The

Court therefore also dismisses the complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i).

C. Leave to amend is denied

Generally, a court should not dismiss a pro se complaint “without granting leave to

amend at least once when a liberal reading of the complaint gives any indication that a valid

claim might be stated.” Dolan v. Connolly, 794 F.3d 290, 295 (2d Cir. 2015) (quoting Chavis v.

Chappius, 618 F.3d 162, 170 (2d Cir. 2010) (internal quotation marks omitted)). But a court has

inherent power to dismiss without leave to amend or replead in “where . . . the substance of the

claim pleaded is frivolous on its face,” Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir.1988)

(citation omitted), or where amendment would otherwise be futile, Hill v. Curcione, 657 F. 3d

116, 123-24 (2d Cir. 2011); see also Shapiro v. McManus, 136 S. Ct. 450, 455-56 (2015)

(holding that federal-question jurisdiction is lacking where the claims are “wholly insubstantial

and frivolous,” “essentially fictitious,” or “obviously without merit” (internal quotation marks

and citations omitted)). Because Plaintiff’s claims are frivolous and amendment would be futile,

the Court declines to grant Plaintiff leave to amend her claims.

CONCLUSION

The Court dismisses the complaint, filed IFP under 28 U.S.C. § 1915(a)(1), for lack of

subject matter jurisdiction and as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i); Fed. R. Civ. P.

12(h)(3).

The Court denies Plaintiff’s “Notice of Motion to Submit into Evidence” as moot. (ECF

5.)

The Court directs the Clerk of Court to enter judgment in this action.

SO ORDERED.

Dated: June 9, 2025

New York, New York

Louis L. Stanton

U.S.D.J.