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Ellis v. CapitalSource Bank FBO Aeon Financial, LLC

United States District Court, District of Columbia

February 20, 2013

Raymond V. ELLIS, Sr., Plaintiff,
v.
CAPITALSOURCE BANK FBO AEON FINANCIAL, LLC, et al., Defendants.

Page 283

Raymond V. Ellis, Sr., Washington, DC, pro se.

Malik J. Tuma, Schwartz & Associates, LLP, Chicago, IL, Shana Lyn Frost, Office of the Attorney General for D.C., Ziad Paul Haddad, Tobin, O'Connor & Ewing, Washington, DC, for Defendants.

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

Plaintiff Raymond V. Ellis, proceeding pro se, brings this action seeking damages

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for various causes of action. Defendants have filed five motions to dismiss. Upon consideration of the motion, the entire record herein, and for the reasons explained below, the motion to dismiss will be GRANTED.

I. BACKGROUND

Plaintiff brings this action on behalf of himself and a purported trust alleging violations of various federal laws and seeks damages of $900 Million dollars. In the complaint, plaintiff makes broad and vague allegations of wrongdoing by various government officials that appear to relate to a tax case in which plaintiff was involved in Superior Court. From what the Court has been able to determine from reading other documents filed in this case, it appears that plaintiff's claims relate to a tax foreclosure proceeding brought against plaintiff's property in the District of Columbia pursuant to D.C.Code § 47-1330. See, e.g., Defendant CapitalSource Bank and Malik J. Tuma's Motion to Dismiss, ECF No. 14, at 1. Plaintiff alleges that in that case, the Judges were biased against him and sought to harm him. Plaintiff alleges that the " tax court [is] nothing more than a program of terrorism or a party, or a group of Hoodlums, using the law to fulfill its legal action." Compl. ¶ 14. He alleges, for example, that Magistrate Judge Joseph Beshouri was prejudiced against plaintiff because of plaintiff's race. Id. ¶ 12. Plaintiff also lodges various allegations of wrongdoing against the attorneys and corporations involved in that prior action.

On July 25, 2012, defendants Stephen Harker and HMTR1, LLC (" HMTR1" ) moved to dismiss. ECF No. 2. On July 26, 2012, the Court issued a so-called Fox/Neal Order informing plaintiff of his obligation to respond to the motion to dismiss and directing plaintiff to respond by no later than August 31, 2012. On July 27, 2012, a second motion to dismiss was filed by Magistrate Judge Joseph Beshouri, Judge Stephanie Duncan-Peters, Judge Melvin R. Wright, the Mayor of the District of Columbia, and the Office of the Attorney General for the District of Columbia. ECF No. 5. The Court incorporated its Fox/Neal Order by reference and directed plaintiff to respond to the July 27, 2012 motion by August 31, 2012. On August 27, 2012, defendants Vivek V. Gupta and Wiper Corporation moved for leave to file a motion to dismiss, which the Court granted. ECF Nos. 7, 9. The Court incorporated its original Fox/Neal Order by reference and directed plaintiff to respond to the third motion to dismiss by no later than September 28, 2012. On August 30, 2012, defendant Vladimir Jadrijevic filed a motion to dismiss for insufficient service of process. ECF No. 10. The Court incorporated its original Fox/Neal Order and directed plaintiff to respond to the fourth motion to dismiss by no later than October 1, 2012. On August 31, 2012, defendants CapitalSource Bank FBO Aeon Financial, LLC (" CapitalSource Bank" ) and Malik J. Tuma filed a motion for extension of time to respond to the complaint, which the Court granted. On September 4, 2012, defendants CapitalSource Bank and Malik J. Tuma filed a motion to dismiss. ECF No. 14. The Court incorporated its original Fox/Neal Order and directed plaintiff to respond to the fifth motion to dismiss by no later than October 1, 2012. On September 11, 2012, plaintiff moved for a Judgment of Default against defendants Malik J. Tuma, CapitalSource Bank, Vivek V. Gupta, and Wiper Corporation for their alleged failure to respond to the complaint. ECF No. 17. On October 2, 2012, plaintiff filed a motion to change venue. ECF No. 22. These motions are now ripe for the Court's decision.

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II. STANDARD OF REVIEW

An action will be dismissed where the complaint fails to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6); Browning v. Clinton,292 F.3d 235, 242 (D.C.Cir.2002). To avoid dismissal, a complaint must contain " a short and plain statement of the claim showing that the pleader is entitled to relief, in order to 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, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal quotation marks and citations omitted). Although detailed factual allegations are not required, a plaintiff must provide " more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. 544, 555-57, 127 S.Ct. 1955). " Only a complaint that ...


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