El Bey v. Dogdig
- Laura Swain
- 1:22-cv-00091
- U.S. District Court · Southern District of New York
- 6
In El Bey v. Dogdig, Judge Swain dismissed the action for lack of jurisdiction and improper venue, and denied fee-free appeal status.
Jakim El Bey’s action was dismissed: his claims seeking criminal prosecution were dismissed for lack of subject-matter jurisdiction, and his remaining claims were dismissed for improper venue. The defendants were not subjected to the requested American criminal prosecutions.
What happened
In El Bey v. Dogdig, Jakim El Bey, representing himself, sued defendants located in Canada over events involving his Canadian property, arrest, and prosecution. He sought damages, American criminal prosecutions, and enforcement of rulings from a “Moorish Consular Court.”
The court dismissed the claims seeking criminal prosecutions because a private person cannot require prosecutors to bring criminal charges. It dismissed the remaining claims because the Southern District of New York was not a proper venue: the defendants, events, and property were in Canada, and the complaint did not show that any defendant was subject to personal jurisdiction there.
Judge Laura Taylor Swain dismissed the action, denied transfer to another federal district, and denied fee-free appeal status after certifying that an appeal would not be taken in good faith.
The detailed version
- El Bey v. Dogdig · No. 1:22-cv-00091
- Laura Swain
- Mar. 15, 2022
Background
Jakim El Bey, proceeding without a lawyer, filed an action against Victor G. Dogdig, acting as President and CEO, and other defendants. The opinion states that El Bey resides in Canada and that all defendants are located in Canada. His claims arose from events in Canada, including a dispute concerning an alleged debt related to residential property in Oshawa, Ontario; eviction proceedings; his removal from the property; his arrest; and criminal proceedings in an Ontario court.
El Bey asserted claims under American criminal and constitutional law. He sought damages, the criminal prosecution of defendants under American criminal law, and enforcement of decisions or rulings made against some defendants in the “Moorish Consular Court.” He paid the filing fees, and the Clerk issued summonses.
Claims Seeking Criminal Prosecution
The court dismissed the claims seeking the criminal prosecution of defendants under American criminal law for lack of subject-matter jurisdiction. Subject-matter jurisdiction is a court’s legal authority to hear a type of case. The court explained that the decision to prosecute belongs to prosecutors, not private individuals, and that prosecutors cannot be directed by a private plaintiff to bring criminal charges. Because El Bey lacked standing—the legal requirement that a plaintiff have the required personal connection to pursue a claim—to cause the prosecution of others, the court concluded that it had no jurisdiction over those claims.
Remaining Claims and Venue
The court dismissed El Bey’s remaining claims because the Southern District of New York was the wrong venue. Venue concerns the federal district where a civil action may properly be filed. The court applied the federal venue statute, which generally permits an action where defendants reside, where a substantial part of the events or omissions occurred or the relevant property is located, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction.
The court found no allegations showing that any defendant resided in the Southern District of New York, that a substantial part of the events or property was located there, or that any defendant was subject to that court’s personal jurisdiction. The court also found no indication that the action could properly have been brought in another United States District Court, so it declined to transfer the remaining claims.
Disposition
The court dismissed the action. It dismissed the claims seeking criminal prosecution for lack of subject-matter jurisdiction and dismissed the remaining claims as brought in the wrong venue. The court also certified under federal law that any appeal would not be taken in good faith and therefore denied fee-free appeal status. The opinion does not state the current status of El Bey’s Ontario criminal case.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.