3:25-cv-01797•Mayo v. Szumski et al
Texte intégral
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DIANE MAYO, : Civil No. 3:25-CV-1797 : Plaintiff, : : (Judge Munley) v. : : (Chief Magistrate Judge Bloom) BRIAN M. SZUMSKI, et al., : : Defendants. : REPORT AND RECOMMENDATION I. Statement of Facts and of the Case This is a civil action filed by the pro se plaintiff, Diane Mayo.1 While the complaint is largely incomprehensible, it appears that Mayo is challenging a foreclosure action and subsequent sheriff’s sale of her property in Luzerne County, Pennsylvania. 2 She brings this action against Brian Szumski, the sheriff of Luzerne County, and “Individuals of the Luzerne County Court.” 3 Mayo’s complaint is replete with nonsensical language reminiscent of the sovereign citizen movement,4 1 Doc. 1. 2 Id. at 17-18. 3 See generally Doc. 1. 4 See Mouratidis v. Wolf, et al., No. 22-CV-4628, 2023 WL 2025035, at *1 n.2 (E.D. Pa. Feb. 15, 2023) (“ ‘[L]egal-sounding but meaningless verbiage Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 1 of 11
2 including referring to herself as “a living woman leaena-lucis under Almighty God, existing in flesh and blood and not a legal fiction or corporate entity[.]”5 She also challenges the state court’s and sheriff’s authority to foreclose on her property, and further appears to allege that these actions amount to “constructive custody” of her person and requests “[t]hat the living-woman, (“her body-Property”) be released from all unlawful restraint[.]” 6 The complaint also relies on irrelevant legal maxims, such as Blackstone’s Commentaries and the Magna Carta.7 Defendant Szumski filed a motion to dismiss the complaint as frivolous, arguing that the complaint fails to state a claim, and further, that any claim regarding the property foreclosure is barred by the Rooker-Feldman doctrine.8 Mayo was subsequently granted leave to proceed in forma pauperis.9 After consideration, we will recommend commonly used by adherents to the so-called sovereign citizen movement’ is nothing more than a nullity.”) (citations omitted). 5 Id. at 2. 6 Id. at 41. 7 Id. at 3. 8 Doc. 4. 9 Docs. 9-10. Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 2 of 11
3 that the plaintiff’s complaint be dismissed and her motion for temporary restraining order (“TRO”)10 be denied. II. Discussion A. Screening of Pro Se Complaints – Standard of Review We have a statutory obligation to preliminarily review pro se complaints brought by plaintiffs given leave to proceed in forma pauperis.11 We review such complaints to determine whether there are frivolous or malicious claims, or if the complaint fails to state a claim upon which relief may be granted. 12 This statutory preliminary screening mirrors review under Rule 12(b)(6) of the Federal Rules of Civil Procedure, which provides for dismissal of a complaint for “failure to 10 Doc. 6. 11 See 28 U.S.C. § 1915(e)(2)(B)(ii). Because the court’s screening review of a complaint mirrors the standard applied when considering a motion to dismiss, we consider both motions together in this Report and Recommendation. See Picozzi v. Guy Peiagelee & Sons, 313 F. Supp. 3d 600, 602 (E.D. Pa. 2018) (noting that the standards for “[w]hether a complaint fails to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) is governed by the same standard applicable to motions to dismiss under Federal Rule of Civil Procedure 12(b)(6).”). 12 Id. Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 3 of 11
4 state a claim upon which relief can be granted.”13 With respect to this legal benchmark, under federal pleading standards a plaintiff is required to set forth a “short and plain statement of the claim showing that the pleader is entitled to relief.” 14 In determining whether a complaint states a claim for relief under this pleading standard, a court must accept the factual allegations in the complaint as true and accept “all reasonable inferences that can be drawn from them after construing them in the light most favorable to the non- movant.”15 However, a court is not required to accept legal conclusions or “a formulaic recitation of the elements of a cause of action.”16 As the Third Circuit Court of Appeals has aptly summarized: [A]fter Iqbal, when presented with a motion to dismiss for failure to state a claim, district courts should conduct a two- part analysis. First, the factual and legal elements of a claim should be separated. The District Court must accept all of the complaint’s well-pleaded facts as true, but may disregard any legal conclusions. Id. Second, a District Court must then 13 Fed. R. Civ. P. 12(b)(6). 14 Fed. R. Civ. P. 8(a)(2). 15 Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Jordan v. Fox, Rothschild, O’Brien & Frankel, 20 F.3d 1250, 1261 (3d Cir. 1994). 16 Id.; see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice”). Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 4 of 11
5 determine whether the facts alleged in the complaint are sufficient to show that the plaintiff has a “plausible claim for relief.” Id. at 1950. In other words, a complaint must do more than allege the plaintiff’s entitlement to relief. A complaint has to “show” such an entitlement with its facts. See Phillips, 515 F.3d at 234–35. As the Supreme Court instructed in Iqbal, “[w]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged—but it has not ‘show[n]’—‘that the pleader is entitled to relief.’ ” Iqbal, 129 S.Ct. at 1949. This “plausibility” determination will be “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id.17 Generally, when considering a motion to dismiss, a court relies on the complaint and its attached exhibits, as well as matters of public record.18 A court can also consider “undisputedly authentic document[s] that a defendant attached as an exhibit to a motion to dismiss if the plaintiff’s claims are based on the [attached] documents.” 19 Additionally, if the complaint relies on the contents of a document not physically attached to the complaint but whose authenticity is not in dispute, the court may consider such document in its determination.20 17 Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 2009). 18 Sands v. McCormick, 502 F.3d 263, 268 (3d Cir. 2007). 19 Pension Benefit Guar. Corp. v. White Consol. Indus., 998 F.2d 1192, 1196 (3d Cir. 1993). 20 See Pryor v. Nat’l Collegiate Athletic Ass’n, 288 F.3d 548, 560 (3d Cir. Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 5 of 11
6 However, the court may not rely on any other part of the record when deciding a motion to dismiss.21 Finally, when reviewing a pro se complaint, we are reminded that such complaints are to be construed liberally, “so ‘as to do substantial justice.’”22 We must apply the relevant law even if the pro se plaintiff does not mention it by name.23 B. This Complaint Should be Dismissed. After consideration, we conclude that Mayo’s complaint fails to state a claim upon which relief can be granted and should be dismissed. First, as the defendant notes, any claim arising out of the state court foreclosure proceedings is barred by the Rooker-Feldman doctrine. This doctrine, as described by the Court of Appeals, bars federal district courts from “engag[ing] in appellate review of state court determinations or [] evaluat[ing] constitutional claims that are inextricably intertwined with 2002). 21 Jordan, 20 F.3d at 1261. 22 Alston v. Parker, 363 F.3d 229, 234 (3d Cir. 2004) (quoting Fed. R. Civ. P. 8(f)). 23 Dluhos v. Strasberg, 321 F.3d 365, 369 (3d Cir. 2003) (citing Higgins v. Beyer, 293 F.3d 683, 688 (3d Cir. 2002)). Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 6 of 11
7 the state court’s [decision] in a judicial proceeding.”24 The doctrine has been held to bar federal district courts from reviewing claims that “seek[] redress from the state court’s judgment . . . .”25 Liberally construing the complaint, Mayo appears to seek review of the state court’s foreclosure determination and resulting sheriff’s sale of her property. Accordingly, any such claim is barred by Rooker-Feldman and fails as a matter of law. To the extent Mayo is challenging the jurisdiction of the state court to adjudicate the foreclosure action, such a claim is wholly without merit. Pennsylvania Courts of Common Pleas have unlimited general jurisdiction over actions within the Commonwealth, save for exceptions that are not relevant here.26 Indeed, the Pennsylvania Rules of Civil Procedure govern mortgage foreclosure actions, providing that the proper venue for such actions lies in “the county in which the land is located.”27 24 Marks v. Stinson, 19 F.3d 873, 885 n.11 (3d Cir. 1994) (internal citation and quotation omitted); see D.C. Court of Appeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 416 (1923). 25 Moncrief v. Chase Manhattan Mortg. Corp., 275 F. App’x 149, 152-53 (3d Cir. 2008); see also Ayres–Fountain v. Eastern Savings Bank, 153 F. App’x 91 (3d Cir. 2005); In re Knapper, 407 F.3d 5773 (3d Cir. 2005). 26 42 Pa. Cons. Stat. § 931(a). 27 Pa. R. Civ. P. 1142(a). Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 7 of 11
8 Similarly, the Rules govern the procedure of sheriff’s sales.28 Therefore, any challenge to the state court’s jurisdiction over the foreclosure action is baseless. Finally, we note that Mayo filed a motion for a TRO, essentially requesting that we enjoin the sheriff’s sale of her property. At the outset, the Anti -Injunction Act “generally prohibits the federal courts from interfering with proceedings in the state courts[.]”29 In fact, the Act lists only three exceptions to this general prohibition: “... as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.”30 Courts in this circuit have declined to issue preliminary injunctive relief to enjoin aspects of state court foreclosure proceedings, including sheriff’s sales, finding that the Anti-Injunction Act prohibits such relief.31 Accordingly, 28 See Pa. R. Civ. P. 3129.1-3135. 29 Chick Kam Choo v. Exxon Corp., 486 U.S. 140, 145 (1988); 28 U.S.C. § 2283. 30 28 U.S.C. § 2283. 31 See e.g., McShane v. Morris, 2021 WL 3929747, at *6 (M.D. Pa. Sept. 2, 2021); Lightfoot v. Bank of New York Mellon, 2017 WL 4151171, at *3 (M.D. Pa. Sept. 19, 2017); Mason v. Bank of Amer., N.A., 2013 WL 5574439, at *7 (E.D. Pa. Oct. 10, 2023). Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 8 of 11
9 we conclude that the Anti-Injunction Act bars Mayo’s requested relief. But even if the Anti-Injunction Act did not bar Mayo’s request for a TRO, we conclude that she fails to meet the substantive requirements for preliminary injunctive relief. Federal Rule of Civil Procedure 65 requires a plaintiff to show “(1) a likelihood of success on the merits; (2) that it will suffer irreparable harm if the injunction is denied; (3) that granting preliminary relief will not result in even greater harm to the nonmoving party; and (4) that the public interest favors such relief.”32 The Supreme Court has underscored that “a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.”33 Here, we have concluded that Mayo’s complaint plainly fails to state a claim upon which relief can be granted. Accordingly, she cannot show a likelihood of success on the merits, and her motion for TRO should be denied. 32 Kos Pharmaceuticals, Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004) (citing Allegheny Energy, Inc. v. DQE, Inc., 171 F.3d 153, 158 (3d Cir. 1999)). 33 Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (citation and quotation marks omitted). Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 9 of 11
10 III. Recommendation Accordingly, for the foregoing reasons, IT IS RECOMMENDED THAT the plaintiff’s complaint be DISMISSED, and her motion for TRO be DENIED. The parties are further placed on notice that pursuant to Local Rule 72.3: Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 10 of 11
11 recommit the matter to the magistrate judge with instructions. Submitted this 13th day of February 2026. s/ Daryl F. Bloom Daryl F. Bloom Chief United States Magistrate Judge Case 3:25-cv-01797-JKM Document 11 Filed 02/13/26 Page 11 of 11
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.