Frye v. Cooper ( 2023 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
FRYE, et al., )
)
)
Petitioner, )
)
v. ) Miscellaneous Action 23-mc-0028 (TSC)
)
COOPER, et al., )
)
)
Respondents. )
)
)
MEMORANDUM OPINION
Pro se Petitioner Brett Jones, also known as “Eeon,” filed this miscellaneous
action purportedly on behalf of Bryan “Frye, et al, and Eeon et al,” against “Mr.
Cooper” doing business as “Nationstar Mortgage LLC, et al” and “CitiMortgage Inc., et
al.” See Pet. to Enforce at 3–4, ECF No. 1. For the reasons set forth below, the court
will dismiss this action sua sponte without prejudice.
I. BACKGROUND
The nature of Jones’s claims is unclear, and much of his filings are illegible. His
Civil Cover Sheet names as Defendants “Mr. Cooper, et al,” “Nationstar Mortgage LLC,
et al.” See ECF No. 1-1. His Petition to Enforce appears to assert that this action
involves, among other things, a loan “agreement between the parties” and “the
depositing of [a] ‘collateral security’ with the local Federal Reserve agent for the
advancements of Federal Reserve notes to reimburse the Federal Reserve for the
extension of bank credits.” Pet. to Enforce at 4–5. The relief Jones seeks includes
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court-ordered “compliance with the provisions of the Federal Reserve Act,” a
declaration of “the conversion of a promissory note to a negotiable instrument as valid
and enforceable,” and “penalties on the Federal Reserve.” Id. at 17.
Jones did not provide the court with an address for the Petitioners or
Respondents, but contends that “[t]his Court holds jurisdiction over the matter due to
the requirement for the Federal Reserve to operate under the Federal Reserve Act and
the agreement between the parties being created within the jurisdiction of this court.”
Id. at 17. Jones also asserts that because “the local Federal Reserve agent is a member
bank registered as a State bank and operating under license with the Secretary of State”
it has thus “waiv[ed] any rights respecting jurisdiction within the limits and and
confines of the State.” Id.
II. ANALYSIS
A district court “may sua sponte dismiss a claim pursuant to Rule 12(b)(6) without notice
where it is patently obvious that the plaintiff could not possibly prevail based on the facts alleged
in the complaint.” Jafari v. United States, 83 F. Supp. 3d 277, 279 (D.D.C.), aff’d, 621 F. App'x
676 (D.C. Cir. 2015) (citing Rollins v. Wackenhut Servs., Inc., 703 F.3d 122, 127 (D.C. Cir.
2012)) (internal quotations and brackets removed). “The Court is mindful that a pro se litigant’s
complaint is held to a less stringent standard than formal pleadings drafted by lawyers.” Jarrell
v. Tisch, 656 F. Supp. 237, 239 (D.D.C. 1987) (citing Redwood v. Council of the District of
Columbia, 679 F.2d 931, 933 (D.C. Cir. 1982); Haines v. Kerner, 404 U.S. 519, 520–21 (1972)).
But this standard “does not constitute a license for a plaintiff filing pro se to ignore the Federal
Rules of Civil Procedure or expect the Court to decide what claims a plaintiff may or may not
want to assert.” Jarrell, 656 F. Supp. at 239 (citations omitted).
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Federal Rule of Civil Procedure 8(a) requires that complaints contain, among other
things, “a short and plain statement of the claim showing that the pleader is entitled to relief.”
Fed. R. Civ. P. 8(a). In other words, Rule 8(a) requires that the plaintiff “give the defendant fair
notice of what the claim is and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555–56 (2007) (holding that the complaint must contain enough “factual matter” to
suggest liability) (citation and alterations omitted). A plaintiff must assert enough facts to give
the defendant “fair notice of the claim being asserted so as to permit the [defendant] the
opportunity to file a responsive answer, prepare an adequate defense and determine whether the
doctrine of res judicata is applicable.” Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977)
(citation omitted).
Jones’ petition does not meet the Rule 8 pleading standard. His factual allegations are
unclear—as is the legal theory ostensibly providing the basis for the petition. Thus, he has not
given the Respondents “fair notice of what the claim is and the grounds upon which it rests.”
Twombly, 550 U.S. at 555.
Moreover, it appears that this case was improperly filed as a miscellaneous case.
Miscellaneous cases include “(a) actions to perpetuate testimony as in Rule 27, Federal Rules
of Civil Procedure; (b) actions to enforce administrative subpoenas and summonses; (c)
proceedings ancillary to an action pending in another district; (d) supplementary proceedings
brought in aid of execution; (e) motions for return of property in criminal proceedings; and (f)
requests for judicial assistance.” Matter of Leopold to Unseal Certain Elec. Surveillance
Applications & Ords., 300 F. Supp. 3d 61, 69, n.4 (D.D.C. 2018) (citing Local Civil Rules
(“LCvR”) 40.3(a)(1) n.1, 57.10(a)(1) n.3). Further, miscellaneous cases may “relate[] to a
bankruptcy case or proceeding,” id. (citing LCvR 403.3(c)(2)(iii)), may include a “motion or
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application filed in connection with a grand jury subpoena or other matter occurring before a
grand jury,” id. (citing LCrR 6.1), and may include “[a]ny news organization or other interested
person, other than a party or a subpoenaed witness, who seeks relief relating to any aspect of the
proceedings in a criminal case.” Id. (citing LCrR 57.6). Assuming that Jones intended to
address a loan agreement or bank transaction, a miscellaneous action is not the proper judicial
vehicle to resolve this dispute.
Finally, while Jones may appear pro se, he is not authorized to seek relief on
behalf of other litigants. See 28 U.S.C. § 1654 (“[P]arties may plead and conduct their own
cases personally or by counsel.”); Georgiades v. Martin-Trigona, 729 F.2d 831, 834 (D.C. Cir.
1984) (rejecting pro se party’s attempt to represent other parties).
III. CONCLUSION
For the reasons set forth above, this court will dismiss this action sua sponte
without prejudice.
Date: April 6, 2023
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
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