Hormeku v. DS 30 Morningside Master Tenant, LLC

Background

Mawuli K. Hormeku, proceeding without a lawyer, sued DS 30 Morningside Master Tenant, LLC under 42 U.S.C. § 1983. He alleged that the landlord violated his Fourteenth Amendment right to due process by attempting to evict him after he received an eviction notice that he said was fraudulently signed by a United States Postal Service employee. He said he challenged service of the eviction proceedings, but that the defendant continued them. He sought money damages and preliminary injunctive relief; the court had previously denied his request for a preliminary injunction and temporary restraining order.

The complaint named only the landlord in the caption and defendant list, but it also referred to “Defendant USPS” and alleged that the Postal Service violated his rights by forging signatures and mishandling certified mail.

Claims Against the Landlord

The court dismissed the § 1983 claims against DS 30 Morningside Master Tenant, LLC for failure to state a claim. A § 1983 claim requires a violation of a federal right by a person acting under state law. The court found that the landlord was a private party and that Hormeku had not alleged that it worked for a state or other governmental body. The court also explained that providing housing is not, by itself, a public function that turns a private entity into a state actor.

The court added that, even if Hormeku could allege facts showing that the landlord was a state actor, the state-court eviction proceedings appeared to provide an adequate way to challenge the eviction before losing the property. The court therefore dismissed the claims against the landlord under 28 U.S.C. § 1915(e)(2)(B)(ii).

Claims Involving the Postal Service

The court stated that, even if Hormeku intended to sue the Postal Service, those claims could not proceed as pleaded. The Postal Service is a federal agency protected by sovereign immunity, meaning it generally cannot be sued for money damages unless the government has waived that protection.

The court construed the possible postal claims as claims under the Federal Tort Claims Act, a statute that waives federal immunity for certain tort claims against the United States. The proper defendant for such a claim is the United States, not the Postal Service or individual federal employees. Before filing an FTCA damages claim in federal court, a person generally must submit an administrative claim to the appropriate federal agency, state the amount sought, and receive a final written decision, or wait six months without one. Hormeku had not alleged facts showing that he completed those steps or that six months had passed after filing an administrative claim.

The court dismissed any FTCA claims for lack of subject-matter jurisdiction. It also stated that, for purposes of the order, it assumed the postal-matter exception did not bar the claims because Hormeku alleged signature forgery rather than lost or late mail. The court granted 30 days’ leave to replead a claim against the United States under the FTCA and required an amended complaint to allege exhaustion of the administrative process.

State-Law Claims and Disposition

After dismissing the federal claims, the court declined to exercise supplemental jurisdiction, meaning its related authority over any state-law claims Hormeku might be asserting. The court granted 30 days’ leave to amend. If Hormeku did not file an amended complaint within that period, the court stated that the Clerk would be directed to enter judgment.

Judge Kimba M. Wood concluded that the landlord claims were dismissed for failure to state a claim, the possible Postal Service claims were dismissed based on sovereign immunity and lack of subject-matter jurisdiction, and any state-law claims were declined under supplemental-jurisdiction principles. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.