Hart v. Lewis

Background

Eugene Hart filed the complaint without a lawyer and asked to proceed without paying filing fees. He named Lynette Lewis and Robert Lee Hart as defendants. The complaint alleged, among other things, that the wrong people created or wrote birth and death certificates, that the defendants altered information in family certificates, and that Hart’s legal rights and currency had been taken or reserved. The court described the complaint as difficult to understand.

Court’s analysis

The court granted Hart’s application to proceed without paying filing fees. It then reviewed the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires screening and dismissal of claims that are frivolous or malicious, fail to state a claim, or seek money from an immune defendant.

The court concluded that the complaint did not establish federal subject-matter jurisdiction. Jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship and more than $75,000 in controversy; the court found that the parties were not diverse and that Hart did not seek monetary damages. Jurisdiction under 28 U.S.C. § 1331 requires a civil action arising under the Constitution, federal laws, or treaties; the court found that Hart did not bring a federal claim.

The court also referred to Hart’s allegations as fantastical and discussed his filing of more than 50 actions in the district during the prior nine months. The court stated that most of those actions had been dismissed for lack of subject-matter jurisdiction or failure to prosecute after Hart did not file an amended complaint, and that Hart had been ordered to show cause why he should not be declared a vexatious litigant. Based on the allegations and Hart’s litigation conduct, the court found that allowing an amendment would be futile.

Ruling

Judge Jacquelyn Corley dismissed the case for lack of jurisdiction without leave to amend. The order also granted Hart’s application to proceed without paying filing fees.