Dates v. Buchanan
1:23-cv-00449
| S.D. Ohio | Feb 22, 2024Background
- Plaintiff Carlean Dates filed a pro se complaint challenging actions related to her Chapter 13 bankruptcy proceedings following foreclosure of her former residence at 12062 Hazelhurst Drive, Cincinnati, Ohio.
- Dates has a history of repeatedly filing bankruptcy cases and related federal actions in effort to reclaim the foreclosed property, despite no longer having a property interest.
- The complaint was screened under 28 U.S.C. § 1915(e) due to Dates's in forma pauperis status and was referred to a Magistrate Judge who recommended dismissal for legal frivolity and failure to state a claim.
- Dates objected through filings rife with sovereign citizen rhetoric, arguing the court lacked jurisdiction and that she did not consent to its authority.
- Dates also moved to disqualify the Magistrate Judge, alleging bias without providing factual support; this motion was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court's Jurisdiction | Court lacks jurisdiction; Plaintiff did not consent or contract | Court is constituted by law and Plaintiff submitted claim here | Court has jurisdiction; objections meritless |
| Validity of Complaint | Constitutional/statutory rights violated in bankruptcy proceedings | Merits conclusory/frivolous, lacks factual basis | Complaint fails to state a claim; dismissed |
| Sovereign/Official Immunity | Claims for damages against judge/trustee as individuals | Judicial and quasi-judicial immunity applies | Damages claims barred by immunity |
| Motion to Disqualify Magistrate | Magistrate biased, impartiality questioned | No facts of bias presented | No abuse of discretion; motion to disqualify denied |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (standard for pleading sufficient facts to state a claim)
- Mireles v. Waco, 502 U.S. 9 (1991) (judicial immunity applies unless actions are in clear absence of all jurisdiction)
- Steel Co. v. Citizens for a Better Env't, 523 U.S. 83 (1998) (subject-matter jurisdiction is prerequisite to suit)
- Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) (parties consent to jurisdiction by appearing in court)
- Haines v. Kerner, 404 U.S. 519 (1972) (pro se pleadings are to be liberally construed)