Christian v. Doe

Background

Ferris A. Christian, proceeding without a lawyer, sued John Doe, P.K. S-2 Realty LLC, Mayer, Esq., and Referee Joel. Christian alleged that events connected to his claims occurred on February 26, 2025, during or relating to a Bronx Civil Court proceeding. The complaint referred to unpaid rent and stated that the rent amounts totaled $23,982 through March 2025. Christian invoked the court’s diversity-of-citizenship jurisdiction.

Christian also filed documents whose connection to this case was unclear, including requests and proposed documents referring to other individuals and to bankruptcy proceedings. The court evaluated the complaint under the screening rules that apply when a person is allowed to proceed without paying filing fees. Those rules require dismissal of claims that are frivolous, fail to state a legally sufficient claim, seek relief from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

Subject-Matter Jurisdiction

Federal district courts generally have jurisdiction over claims arising under federal law or over state-law claims involving citizens of different states when the amount in controversy exceeds $75,000. The court concluded that Christian had not established either basis.

Christian referred to the Trust Indenture Act of 1836, which the court understood as a reference to the Trust Indenture Act of 1939, and to a bankruptcy-code provision. But the court found that his allegations did not show that those federal laws were relevant to the claims he sought to bring.

The court also found that Christian had not adequately alleged diversity jurisdiction. Christian stated that he was a citizen of Antigua and resided in New York, but he did not state his immigration status. The court therefore could not determine whether he was a citizen of Antigua or, if he was a lawful permanent resident of the United States, a citizen of New York for diversity purposes. Christian gave the same Bronx address for John Doe and P.K. S-2 Realty LLC but did not identify the limited liability company’s members or their citizenships. He provided no citizenship information for Mayer, Esq., or Referee Joel.

In addition, the court found that the amount Christian appeared to seek—$23,982—was below the $75,000 jurisdictional threshold. The court therefore dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). This was a jurisdictional dismissal; the court did not decide whether Christian’s underlying claims were legally valid on their merits.

Leave to Replead

The court granted Christian 30 days to file an amended complaint. If he relies on diversity jurisdiction, he must allege facts showing that all opposing parties are completely diverse, including his own immigration status, the citizenship of P.K. S-2 Realty LLC’s members, and the citizenship of any other defendant. He must also allege facts showing that his claims are worth at least $75,000 and must provide enough factual detail to make it plausible that each defendant is liable.

The court stated that if Christian does not file an amended complaint within the allowed time, the clerk will be directed to enter judgment in the action.

Other Requests

The court denied Christian’s request for preliminary injunctive relief. The court found that his submissions did not show a likelihood of success on the merits or sufficiently serious questions for litigation combined with a strongly favorable balance of hardships. The request also involved an unsigned proposed order directed at Antoinette Craw and Leo V. Gagion, who were not parties to this case.

The court denied Christian’s two requests for pro bono counsel without prejudice to renewal later if he files an amended complaint. “Without prejudice” here means the denial does not prevent him from renewing the request.

Disposition

The court dismissed the complaint for lack of subject-matter jurisdiction, with 30 days’ leave to replead. It denied the request for preliminary injunctive relief and denied the requests for pro bono counsel without prejudice to renewal. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It directed the clerk to keep the matter open until a civil judgment is entered.