1:25-cv-00008•Emrit v. Musk, et al
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Presidential Candidate Number P6005535 ) “also known as” (aka) Ronald Satish Emrit, ) & Presidential Committee/Political Action ) Committee/Separate Segregated Fund (SSF) ) REPORT AND RECOMMENDATION Number C0056987 d/b/a United Emrits of ) America, ) ) Plaintiffs, ) ) vs. ) ) Elon Musk, Vivek Ramaswamy, Speaker ) Case No. 1:25-cv-008 of the House Mike Johnson, & Department ) of Government Efficiency, ) ) Defendants. ) Plaintiff Ronald Satish Emrit (“Emrit”) initiated the above-captioned civil rights action against Elon Musk (“Musk”), Vivek Ramaswamy (“Ramaswamy”), Speaker of the House Mike Johnson (“Speaker Johnson”), and the Department of Government Efficiency with the submission of a motion for leave to proceed in forma pauperis and a proposed Complaint. (Doc. No. 1, 1-1). For the reasons that follow, the undersigned recommends that this action be dismissed as frivolous and for failure to state a claim. The undersigned further recommends that Emrit’s motion for leave to proceed in forma pauperis (Doc. No. 1) be deemed moot. I. BACKGROUND Emrit is a resident of Florida and Maryland. (Doc. No. 1-1 at ¶ 5). He initiated this action pro se on January 17, 2025, with the submission of an motion to proceed in forma pauperis and a proposed Complaint. (Doc. Nos. 1, 1-1). In his proposed Complaint, he asserts the following as the basis for jurisdiction and venue: 1 Case 1:25-cv-00008-DLH-CRH Document 4 Filed 01/31/25 Page 1 of 7
10.) According to the Federal Rules of Civil Procedure 8(a)(1), Plaintiff is required to provide a “short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;” 11.) Because the court does not already have personal or subject matter jurisdiction over this issue, it is necessary to engage in a brief discussion of the court's jurisdiction so that the defendants can not move to dismiss this case based on procedural grounds involving a lack of proper jurisdiction. 12.) Pursuant to 28 U.S.C.A. Section 1332, the U.S. District Court for the District of Eastern Louisiana (as an Article III court) has jurisdiction over this matter because there is complete diversity of jurisdiction between the Plaintiff and the four defendants given that the plaintiff lives in Sarasota, Florida and no longer in Fort Worth, Texas. 13.) As an Article III court, the U.S. District Court for the District of Louisiana also has subject matter jurisdiction over the present case at bar because this proceeding involves a discussion of Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Equal Protection Clause, Due Process Clause, Fourth Amendment, and Privileges and Immunities Clause. 14.) Therefore, a federal question is presented by the implication of the black-letter law of the aforementioned federal statutes in addition to the discussion Constitutional Law provisions. 15.) Venue in this jurisdiction is also proper pursuant to 28 U.S.C.A. Sections 1391 and 1400. 16.) Because the amount in controversy does exceed $75,000 . . . this court has jursidiction on the grounds of diversity and a federal question presented. (Doc. No. 1-1 at ¶¶ 10-16). Next, he asserts that Musk, Ramaswamy, Speaker Johnson, and the Department of Government Efficiency are violating federal law and the Constitution because they are trying to: (1) “make one trillion dollars worth of budget cuts which would affect the lives of African-Americans who received food stamps (EBT/SNAP benefits), SSI, SSDI, Section 8 housing vouchers, Temporary Assistance to Needy Families (TANF), Women Infants and Children Programs (WIC), and other programs subsidized by [the] federal government;” and (2) “abolish the U.S. 2 Case 1:25-cv-00008-DLH-CRH Document 4 Filed 01/31/25 Page 2 of 7
Department of Education which provides grants and loans for underprivileged Americans trying to get a college education.” (Doc. No. 1-1 at ¶¶ 17 and 18). He further asserts “the American people did not give a mandate to either Elon Musk or Vivek Ramaswamy to destroy the lives of many Americans living in poverty” as neither of them are elected officials. (Id. ¶ 19). Finally, he asserts that he has standing as he is disabled and suffers from a bipolar disorder. (Id. ¶ 20). He seeks: $500 billion in damages; an injunction requiring the United States Attorney's Office in Louisiana to file criminal charges against Musk for “interfering with the American election”; an injunction to enjoin the Department of Government Efficiency from using social media posts and policy recommendations to affect and obstruct the Office of Management and Budget and Congress; and an injunction to prevent President Donald J. Trump from creating the Department of Government Efficiency without congressional approval. (Id. at pp. 6-7). II. STANDARD OF REVIEW Title 28 of the United States Code, Section 1915(e)(2) provides that, notwithstanding financial eligibility, “the court shall dismiss the case at any time if the court determines that . . . the action . . . (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2). A complaint is frivolous when “it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). Federal Rule of Civil Procedure 8(a)(2) requires a claim for relief contain “a short and plain statement of the claim showing that the pleader is entitled to relief[.]” To meet this standard, a complaint must include “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); see also Robinson v. Bridgeport Pub. Sch., 3 Case 1:25-cv-00008-DLH-CRH Document 4 Filed 01/31/25 Page 3 of 7
No. 8:16CV177, 2016 WL 3920167, at *3 (D. Neb. July 15, 2016) (requiring plaintiffs to set forth enough factual allegations to nudge their claims across the line from conceivable to plausible). In applying the standard, the court must accept the plaintiff's factual allegations as true and make reasonable inferences in the plaintiff's favor. Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)); Jones v. Douglas Cty. Sheriff's Dep't, 915 F.3d 498, 499 (8th Cir. 2019); Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004). On the other hand, the court “will not supply additional facts, nor . . . construct a legal theory for plaintiff that assumes facts that have not been pleaded” and "is free to ignore legal conclusions, unsupported conclusions, unwarranted inferences and sweeping legal conclusions cast in the form of factual allegations.” Wiles v. Capitol Indem. Corp., 280 F.3d 868, 870 (8th Cir. 2002); see also Hamilton v. Palm, 621 F.3d 816, 817-18 (8th Cir. 2010) (“A pleading that merely pleads labels and conclusions, or a formulaic recitation of the elements of a cause of action, or naked assertions devoid of factual enhancement will not suffice.” Pro se complaints must be liberally construed. Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004). “Dismissal of a pro se complaint for failure to state a claim is proper only where it is obvious that the plaintiff cannot prevail on the facts he has alleged, and it would be futile to give him an opportunity to amend.” Kay v. Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007) (citation omitted). III. DISCUSSION Having reviewed and liberally construed the allegations of the Complaint, the undersigned finds that Emrit has failed to state a plausible claim and that this action is frivolous. Emrit’s Complaint is flawed in several respects. First, the Complaint “fails to differentiate among individual defendants and specify which defendants are alleged to have taken which 4 Case 1:25-cv-00008-DLH-CRH Document 4 Filed 01/31/25 Page 4 of 7
particular actions.” See Robbins v. Oklahoma, 519 F.3d 1242, 1253 (10th Cir. 2008). Second, the Complaint is devoid of any allegations that Emrit has been personally injured by Defendants’ alleged conduct. Consequently, Emrit has not established that he has standing. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61 (1992) (explaining that the party invoking federal jurisdiction has the burden to establish standing, i.e., the plaintiff must have suffered an “injury in fact” that has a causal connection to the conduct complained of and is redressable by a favorable decision). “Allegations of possible future injury are not sufficient.” Clapper v. Amnesty Int'l USA, 568 U.S. 398, 409 (2013) (internal quotation marks, brackets, emphasis, and citation omitted). Third, there does not appear to be the state action necessary to sustain a cognizable § 1983 claim. To state a § 1983 claim, “a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). Emrit acknowledged in his Complaint that Musk and Ramaswamy “are not elected officials” and that the Department of Government Efficiency is “a non-existent agency. . . not authorized by Congress to be making decisions.” (Doc. No. 1-1 ¶¶ 9, 19). Thus, the state action requirement for a § 1983 claim has not been met. See Jojola v. Chavez, 55 F.3d 488, 492 (10th Cir. 1995) (explaining that the “under color of state law” requirement is a jurisdictional necessity for a § 1983 claim). Fourth, Emrit has not otherwise asserted a cognizable Bivens claim. “A Bivens claim is a cause of action brought directly under the United States Constitution against a federal official acting in his or her individual capacity for violations of constitutionally protected rights.” Buford v. Runyon, 160 F.3d 1199, 1203 n.6 (8th Cir. 1998) (emphasis added) (citing Bivens, 403 U.S. 388). 5 Case 1:25-cv-00008-DLH-CRH Document 4 Filed 01/31/25 Page 5 of 7
Again, as Emrit acknowledged in his Complaint, neither Musk nor Ramaswamy are elected officials and the Department of Government Efficiency is a non-existent agency.1 Fifth, this district is not a proper venue. Under 28 U.S.C. § 1391(b), a civil action may be brought in (1) a judicial district in which any defendant resides when all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claims occurred; or (3) if there is no district in which an action may otherwise be brought, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to the action. It is not entirely clear whether Emrit was intending to file this action in the Eastern District of Louisiana or whether his references to the Eastern District of Louisiana in the “Jurisdiction and Venue” section of his Complaint were a scrivener’s error. Regardless, venue is not proper in this Court under § 1391(b). Defendants do not reside in North Dakota, Emrit does not allege that a substantial part of the events or omissions giving rise to his claims occurred in North Dakota, and the Complaint is devoid of any allegations to support this Court’s exercise of personal jurisdiction over Defendants. Given that the Complaint fails to state a claim, the interests of justice would not be served by transferring this action to the Eastern District of Louisiana. See 28 U.S.C. § 1406(a). Sixth, there are not sufficient facts alleged in the Complaint to support this Court’s the exercise of personal jurisdiction Defendants. Due process requires that the defendant “purposefully established minimum contacts within the forum State” and that the “assertion of personal jurisdiction would comport with ‘fair play and substantial justice.’” Burger King Corp. v. Rudzewicz, 471 U.S. 1 If the Department of Government Efficiency was an official agency of the United States government, Emrit’s claims against it would likely be barred.. See Buford v. Runyon, 160 F.3d 1199, 1203 (8th Cir. 1998) (“It is well settled that a Bivens action cannot be prosecuted against the United States and its agencies because of sovereign immunity.”) 6 Case 1:25-cv-00008-DLH-CRH Document 4 Filed 01/31/25 Page 6 of 7
462, 476 (1985) (quoting Int'l Shoe Co. v. Washington, 326 U.S. 310, 320 (1945)). Neither Emrit nor Defendants resides in or appear to have any connection to North Dakota. IV. CONCLUSION AND RECOMMENDATION Finding that Emrit has failed to state a plausible claim and that this action is frivolous, the undersigned RECOMMENDS that the Court DISMISS this action without prejudice and deem Plaintiff’s motion to proceed in forma pauperis (Doc. No. 1) MOOT. NOTICE OF RIGHT TO FILE OBJECTIONS Pursuant to D.N.D. Civil L.R. 72.1(D)(3), object to this recommendation are due by February 18, 2025. Failure to file appropriate objections may result in recommended action without further notice or opportunity to respond. Dated this 31st day of January, 2025. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court 7 Case 1:25-cv-00008-DLH-CRH Document 4 Filed 01/31/25 Page 7 of 7
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