4:25-cv-05432•Ye v. Rivas
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Jianfei Ye, Plaintiff, v. Milton E. Rivas, Defendant. § § § § § Civil Action No. 4:25-cv-05432 § § § § § MEMORANDUM AND RECOMMENDATION TO DENY IFP APPLICATION On November 12, 2025, Plaintiff Jianfei Ye filed a motion requesting leave to proceed in forma pauperis (“IFP”). Dkt. 2. In addition to his complaint, Dkt. 1, Ye filed two supplements with various attachments. See Dkt. 11, 12. After considering Ye’s submissions and the applicable law, it is recommended that Ye’s request for IFP status be denied. Legal standard Ye’s application is governed by 28 U.S.C. § 1915(a)(1). Section 1915 provides that “[a]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor” upon a showing that “the person is unable to pay such fees or give security therefor.” But the right to proceed in forma pauperis is not absolute. “Under United States District Court Southern District of Texas ENTERED December 23, 2025 Nathan Ochsner, Clerk Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 1 of 10
2 § 1915(e)(2)(B), the district court is required to dismiss an IFP case ‘at any time’ if it determines that the case is ‘frivolous or malicious’ or ‘fails to state a claim on which relief may be granted.’” Doe v. Charter Commc’ns, LLC, 131 F.4th 323, 327 (5th Cir. 2025) (quoting 28 U.S.C. § 1915(e)(2)(B)(i), (ii)). A claim is frivolous when it “lacks an arguable basis either in law or in fact.” Diamond v. City of Rayville, 127 F.4th 935, 938 (5th Cir. 2025) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)). “A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Rogers v. Boatright, 709 F.3d 403, 407 (5th Cir. 2013). “[A] court may dismiss a claim as factually frivolous only if the facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional.” Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (quotations and citations omitted). A complaint fails to state a claim upon which relief may be granted if it alleges insufficient facts, when taken as true, to state a basis for relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). Pro se pleadings are liberally construed. Butler v. Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 2 of 10
3 S. Porter, 999 F.3d 287, 292 (5th Cir. 2021) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam)). But “regardless of whether the plaintiff is proceeding pro se or is represented by counsel, conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.” Prescott v. UTMB Galveston Tex., 73 F.4th 315, 318 (5th Cir. 2023) (quoting Taylor v. Books A Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002)); see also Chhim v. Univ. of Tex. at Austin, 836 F.3d 467, 469 (5th Cir. 2016) (per curiam) (“[P]ro se plaintiffs must still plead factual allegations that raise the right to relief above the speculative level.”). Analysis This is a dispute between neighbors. Ye is a landlord who rented his property to a series of African-American families. See Dkt. 11 at 2 (supplement to the complaint). According to the complaint, Defendant Milton E. Rivas sent text messages to Ye complaining about Ye’s tenants. Id. at 2-4. The text messages from Rivas are as follows: “I don’t know how you keep getting[] [y]our renters but trust me ima make sure I put an end to you keep putting Crazy people next door to me …. This is a family oriented neighborhood [n]ot a party place … You should be ashamed.” “You keep bringing people next to me I have to live with … I should sue you for the last tenant that wrecked my car … And the one after was a pedifile [sic] ….” “Call your lawyer … I have mine ready … And trust me you will loose [sic] the ability to rent to these types of people … If you don’t Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 3 of 10
4 want to see my messages stop putting crazy people next door …. Put families not people that the government pays their rent … I’m ready to take you to court. Your [sic] a bad property owner [a]nd I’m going to end it ….” Dkt. 1-5 at 6-8. Relying on those text messages, Ye asserts a statutory claim under the Fair Housing Act, 42 U.S.C. § 3617, and Texas common-law claims for defamation and intentional infliction of emotional distress. But the allegations fail to support recovery on any of those theories. I. Ye has not stated a claim under the Fair Housing Act. The complaint does not state a viable claim under the Fair Housing Act. The provision Ye cites makes it illegal to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of … or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 3603, 3604, 3605, or 3606 …. 42 U.S.C. § 3617. Of the provisions listed in Section 3617, the only potentially relevant one is Section 3604, which prohibits housing discrimination based on either “race, color, religion, sex, familial status, or national origin,” or based on “a handicap of” the “buyer or renter” or anyone “associated with that buyer or renter.” Id. § 3604(a), (b), (f)(1), (f)(2). The term “handicap” means (1) a physical or mental impairment which substantially limits one or more of such person’s major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment. Id. § 3602(h). To state a Section 3617 retaliation claim, the plaintiff must Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 4 of 10
5 establish (1) he was engaged in an activity protected by the Fair Housing Act; (2) the defendant took adverse action against him; and (3) that a causal connection existed between the protected activity and the adverse action. Cox v. Phase III, Invs., 2013 WL 3110218, at *10 (S.D. Tex. June 14, 2013). Even assuming that Ye adequately alleged that he engaged in protected activity—an issue that this Court need not resolve—he nonetheless fails to articulate a causal connection between Rivas’s text messages and any protected activity. Ye asserts that, by referring to the tenants as “crazy people,” “government-paid renters,” and stating that the neighborhood is “family-oriented, not for those kinds of people,” Rivas expresses animosity “rooted in social-class bias, mental-disability stigma, and racial or ethnic stereotyping ….” Dkt. 1 at 4. But Rivas’s complaints target the tenants’ behavior, not any protected characteristic. When calling the tenants “crazy people,” Rivas used the term colloquially to describe the tenants’ rowdy or unlawful conduct, and not to suggest that they had a mental disability. See Dkt. 1-5 at 9-14 (Rivas complaining about a tenant’s activity levels (“This is … not a party place”), that the last tenant “wrecked [his] car,” and that another tenant was a pedophile). Similarly, Rivas’s complaint that “[t]his is a family oriented neighborhood, not a party place” cannot reasonably be construed as discrimination based on any protected status—as opposed to complaining about the tenants’ disruptive Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 5 of 10
6 actions. Ye’s attempt to characterize references to “government housing tenants” as being “racially coded” references to “Black residents” is facially unsupported and insufficient to suggest a cognizable retaliation claim. See Dkt. 11 at 3-4; see, e.g., Inclusive Communities Project, Inc. v. Lincoln Prop. Co., 920 F.3d 890, 912 (5th Cir. 2019) (advertisements stating a “no vouchers” policy, without more, do not express a racial preference under Section 3604). The Fair Housing Act provides no basis for recovery. II. Ye has not stated a defamation claim. The complaint also alleges that Rivas’s text statement accusing Ye of renting to pedophiles is defamatory. Dkt. 1 at 3. Under Texas law, the elements of defamation are: (1) the publication of a false statement of fact to a third party, (2) that was defamatory concerning the plaintiff, (3) with the requisite degree of fault, and (4) damages, in some cases. In re Lipsky, 460 S.W.3d 579, 593 (Tex. 2015). Ye does not allege that Rivas published a false statement of fact to a third party. Instead, Rivas’s text statement was made directly to Ye. Moreover, nothing indicates that Rivas’s statement is false. Ye’s defamation claim fails. Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 6 of 10
7 III. No recovery is available for intentional infliction of emotional distress. As his final claim, Ye alleges that Rivas’s text messages constitute intentional infliction of emotional distress (“IIED”). Dkt. 1 at 3. Texas law treats this claim as “a gap-filler tort” available only in rare instances where a defendant intentionally inflicts severe emotional distress in such an unusual way that no other theory of recovery is available. See Hoffman-La Roche, Inc. v. Zeltwanger, 144 S.W.3d 438, 447 (Tex. 2004). An IIED claim “should not be extended to circumvent the limitations placed on the recovery of mental anguish damages under more established tort doctrines.” Standard Fruit & Vegetable Co. v. Johnson, 985 S.W.2d 62, 68 (Tex. 1998). IIED is unavailable “[w]here the gravamen of a plaintiff’s complaint is really another tort ….” See Hoffman-La Roche, Inc., 144 S.W.3d at 447. This is so even if a plaintiff cannot succeed under an alternative statutory or common-law theory premised on the same underlying facts. See id. at 448; see also Draker v. Schreiber, 271 S.W.3d 318, 323-24 (Tex. App.—San Antonio 2008, no pet.) (“If the gravamen of Draker’s complaint was defamation, it matters not whether she succeed on, or even made, such a claim.”). At bottom, Ye is unhappy that Rivas demanded that Ye stop renting to people that Rivas believed were noisy, careless, or otherwise inappropriate. Yet the gravamen of the complaint, which alleges impairment of or retaliation Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 7 of 10
8 against Ye’s rental to certain tenants, falls within the purview of the Fair Housing Act, leaving no gap to fill. That alone precludes the IIED claim, even if Ye’s Fair Housing Act claim also fails. See, e.g., Hoffman-La Roche Inc., 144 S.W.3d at 448 (“If the gravamen of a plaintiff's complaint is the type of wrong that the statutory remedy was meant to cover, a plaintiff cannot maintain an intentional infliction claim regardless of whether he or she succeeds on, or even makes, a statutory claim.”). Rivas’s challenged conduct also does not satisfy the strict threshold for recovery, even if an IIED claim were otherwise available. IIED is limited to conduct “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex. 1993). “[M]ere insults, indignities, threats, annoyances, petty oppressions, or other trivialities do not rise to the level of extreme and outrageous conduct.” GTE S.W., Inc. v. Bruce, 998 S.W.2d 605, 612 (Tex. 1999). Rivas’s text messages do not constitute extreme and outrageous conduct. Ye presents a handful of text communications over a two-day period, see Dkt. 1-5 at 6, not a “regular and continuous pattern of behavior” that “rise[s] to the level of extreme and outrageous conduct.” See Gaspard v. Beadle, 36 S.W.3d 229, 238 (Tex. App.—Houston [1st Dist.], 2001, pet. denied) (“It is only when [malicious and abusive] conduct becomes a regular and continuous pattern of Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 8 of 10
9 behavior that it will rise to the level of extreme and outrageous conduct.”). Although Ye claims that he “fear[ed] for personal safety and property,” Dkt. 1 at 4, Rivas’s text messages made no such threats. See, e.g., Williams v. Shell Exploration and Production Co., 2014 WL 3555741, at *4-5 (Tex. App.— Houston [14th Dist.], July 17, 2014, no pet.) (denying claim for intentional infliction of emotion distress when comments made “may be characterized as rude and insulting” but do not “rise to the level of terrorizing, threatening, and assaultive conduct.”). Even if IIED were cognizable in this context, Ye has nevertheless failed to allege that Rivas engaged in extreme and outrageous conduct. There is no viable IIED claim. Recommendation and Order For the foregoing reasons, it is RECOMMENDED that Plaintiff Jianfei Ye’s request to proceed in forma pauperis (Dkt. 2) be DENIED. It is further RECOMMENDED that this case be DISMISSED, and that Ye’s motions for summary judgment (Dkt. 4), for temporary restraining order (Dkt. 5), and to appear by Zoom (Dkt. 6) be DENIED AS MOOT. It is further ORDERED that March 13, 2026 initial conference (Dkt. 17) is hereby CANCELED. Plaintiff has fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 9 of 10
10 appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). The Clerk of Court is directed to send a copy of this Memorandum and Recommendation to Plaintiff by email and regular mail, to Plaintiff’s record addresses. Signed on December 23, 2025, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge _______________________________________ Y Y Yvvvooon nne Y. H H Ho United States Magistrate Judge Case 4:25-cv-05432 Document 18 Filed 12/23/25 in TXSD Page 10 of 10
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