United States District Court, E.D. New York
Jose Adames, Plaintiff, Pro se, Corona, NY.
MEMORANDUM & ORDER
MARGO K. BRODIE, United States District Judge.
On January 15, 2015, Plaintiff Jose Adames, proceeding pro se, filed the above-captioned action against Defendant, alleging that Defendant breached a February 28, 2008 contract. He seeks $135,000.00 plus interest, costs and disbursements. The Court grants Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) solely for the purpose of this order. The Complaint is dismissed for the reasons set forth below.
Plaintiff is a New York resident, currently residing in Corona, New York. (Compl. ECF No. 1 ¶ 1.) Defendant Tunde A. Taju is alleged to both reside at and have a " principal place of business" in Central Islip, New York. ( Id. at ECF No. 1 ¶ 2, ECF No. 4.) In late February 2008, Plaintiff and Defendant entered into a written agreement concerning Defendant's oil exchange business. ( Id. at ECF No. 1 ¶ 3.) Pursuant to the agreement, Plaintiff gave Defendant $100,000.00 in cash, and later an additional $35,000.00. ( Id. at ECF No. 1 ¶ 3, ECF No. 3). Defendant executed a one-year promissory note agreeing to pay Plaintiff $100,000.00 in cash on or before March 1, 2009. ( Id. at ECF No. 1 ¶ ¶ 3-4, ECF No. 4.) Plaintiff alleges that Defendant has breached the contract and failed to pay him any of the money due to him. ( Id. at ECF No. 1 ¶ 5, ECF No. 3.)
a. Standard of Review
A complaint must plead " enough facts to state a claim to relief that is plausible on its face." Bell A. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). " A claim has facial plausibility when the Plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Although all allegations contained in the complaint are assumed to be true, this tenet is " inapplicable to legal conclusions." Id. In reviewing a pro se complaint, the court must be mindful that the Plaintiff's pleadings should be held " to less stringent standards than formal pleadings drafted by lawyers." Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (internal quotation marks omitted); Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (noting that even after Twombly, the court " remain[s] obligated to construe a pro se complaint liberally" ). If a liberal reading of the complaint " gives any indication that a valid claim might be stated," the Court must grant leave to amend the Complaint. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Nevertheless, the Court is required to dismiss sua sponte an in forma pauperis action, if the Court determines it " (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B); Abbas v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007).
b. Lack of Subject Matter Jurisdiction
" A federal court's lack of subject matter jurisdiction is not waivable by the parties, and we must address jurisdictional questions before reaching the merits." Holt v. Town of Stonington, 765 F.3d 127, 130 (2d Cir. 2014) (internal quotations and citation omitted). Lack of subject matter jurisdiction may be raised at any time by a party or by the Court sua sponte. Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). Where a court lacks subject matter jurisdiction, it must dismiss the complaint in its entirety. Arbaugh v. Y & H Corp., 546 U.S. 500, 514, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006); see also Fed.R.Civ.P. 12(h)(3).
i. Federal Question Jurisdiction
On the cover sheet accompanying the filing in this action, Plaintiff listed " federal-question" as the basis of jurisdiction in this action. (Docket Entry No. 1 at ECF No. 5.) In the absence of diversity jurisdiction, federal-question jurisdiction is required. Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987). Federal-question jurisdiction gives federal district courts jurisdiction over suits " arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. As a general rule, a suit brought under state law " is not transformed into a suit 'arising under' federal law merely because, to resolve it, the court may need to interpret federal law." Sullivan v. Am. Airlines, Inc., 424 F.3d 267, 271 (2d Cir. 2005). Thus, the " well-pleaded complaint" rule provides that " federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Beneficial Nat'l Bank v. Anderson, 539 U.S. 1, 12, 123 S.Ct. 2058, 156 L.Ed.2d 1 (2003) (quoting Caterpillar, 482 U.S. at 392). " Federal jurisdiction cannot be predicated on an actual or anticipated defense." Vaden v. Discover Bank, 556 U.S. 49, 60, 129 S.Ct. 1262, 173 L.Ed.2d 206 (2009).
The Court may not exercise federal-question jurisdiction over the Complaint as currently stated. Despite a liberal reading of the Complaint, Plaintiff's claim regarding breach of contract is based in state law. There is nothing on the face of Plaintiff's Complaint to suggest that Defendant violated any federal statute, or that any question involving the Constitution, laws, or treaties ...