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Jones v. United States

United States District Court, District of Columbia

June 5, 2013

KENNETH JONES, Plaintiff,
v.
UNITED STATES OF AMERICA, et al., Defendants

KENNETH W. JONES, Plaintiff, Pro se, Cleveland, OH.

For UNITED STATES OF AMERICA, DANNY BOGGS, SOLOMON OLIVER, Defendants: John H. Spittell, U.S. ATTORNEY'S OFFICE, Washington, DC.

For LYNN MUDRA, Defendant: Katherine Joseph Bockbrader, LEAD ATTORNEY, OHIO ATTORNEY GENERAL, Columbus, OH.

OPINION

Page 51

MEMORANDUM OPINION

RICHARD J. LEON, United States District Judge.

On September 17, 2012, pro se plaintiff Kenneth W. Jones (" Jones" or " plaintiff" ) filed the instant action against the United States of America and several non-federal entities and persons, seeking $75 million in damages due to " fright, shock, and mental anguish." See Compl. at 2 [Dkt. #1]. On September 26, 2012, plaintiff joined the Honorable Danny Boggs and Solomon Oliver, federal judges in the Sixth Judicial Circuit, to the action. Pl.'s Mot. to Amend [Dkt. #2]. On December 4, 2012, plaintiff filed an Amended Complaint listing all current defendants in the caption. [1] See Am. Compl. [Dkt. #18]. Defendant United States of America has filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). [Dkt. #8]. Defendant Lynn Mudra has filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(3). [Dkt. #22]. The Federal Judges have filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), (2), (3), and (6). [Dkt. #23]. Upon consideration of the parties' pleadings, relevant law, and the entire record herein, defendants' motions to dismiss are all GRANTED.

STANDARD OF REVIEW

Federal courts are courts of limited jurisdiction and the law presumes that " a cause lies outside this limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) (citation

Page 52

omitted). Because " subject-matter jurisdiction is an 'Art. III as well as a statutory requirement[,] . . . no action of the parties can confer subject-matter jurisdiction upon a federal court.'" Akinseye v. District of Columbia, 339 F.3d 970, 971, 358 U.S.App. D.C. 56 (D.C. Cir. 2003) (quoting Ins. Corp. of Ir. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982)). On a motion to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), the plaintiff bears the burden of establishing that the court has subject-matter jurisdiction. Evans v. B.F. Perkins Co., 166 F.3d 642, 647 (4th Cir. 1999); Rasul v. Bush, 215 F.Supp.2d 55, 61 (D.D.C. 2002) (Kotelly, J.) (citing McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 182-83, 56 S.Ct. 780, 80 L.Ed. 1135 (1936)), rev'd on other grounds sub nom., Al Odah v. United States, 103 F.Appx. 676 (D.C. Cir. 2004). To determine whether it has jurisdiction over the claim, a court may consider materials outside the pleadings. Herbert v. Nat'l Acad. of Scis., 974 F.2d 192, 197, 297 U.S.App. D.C. 406 (D.C. Cir. 1992).

BACKGROUND

The events giving rise to plaintiff's claims occurred in the Northern District of Ohio, where plaintiff resides and has been a frequent filer of suits. Plaintiff alleges that defendants Lynn Mudra and Timothy Patton, homicide investigators, violated his civil rights in the course of a law enforcement investigation that occurred there. Specifically, plaintiff claims that Mudra and Patton divulged sensitive information about plaintiff in the course of investigating the death of plaintiff's wife, Carline T. Jones. See Am. Compl. at 6-8. This information allegedly affected Plaintiff's " federal financial assistance." Id. Plaintiff also alleges that the Dean of Bryant & Stratton College, Clifford Wallace, wrongfully prevented him from receiving his college transcript until he paid his tuition bill. See id. at 9-13. Plaintiff further alleges that Cleveland, Ohio law enforcement deprived him due process of law by failing to prosecute his neighbor Beverly Cooper for wrongfully obtaining one of plaintiff's prescriptions from Walgreens. See id. at 15-16. Additionally, plaintiff complains about decisions made by the Federal Judges in prior cases involving plaintiff. See id. at 8, 11.

Plaintiff has filed numerous suits in the Northern District of Ohio making similar allegations. On October 15, 2003, the United States District Court for the Northern District of Ohio permanently enjoined Mr. Jones from filing new suits before obtaining leave of court. See Mudra Mot. to Dismiss Ex. A ( Jones v. United States, No. 1:03-CV-1597, (N.D. Ohio, Oct. 15, 2003)) at 8. On January 24, 2011, plaintiff filed a case in this court against the United States and Bryant & Stratton College, among others. See Mudra Mot. to Dismiss Ex. B ( Jones v. United States, No. 1:11-CV-2636, (N.D. Ohio, Aug. 21, 2012)) at 1-2. That action was transferred to the United States District Court for the Northern District of Ohio, where it was dismissed for failure to comply with the ...


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