Finally, the Declaration of Independence also does not supply a cause of action. See Parola v. IRS, No. 98-cv-7179, 1999 WL 1215557, at *7 (E.D.N.Y. Dec. 15, 1999); Nguyen v. Bank of America, No. 14-cv-1243, 2015 WL 58602, at *3 (E.D.N.Y. Jan. 5, 2015). Accordingly, these claims are dismissed.
The first paragraph of Plaintiff s AC mentions the Fifth Amendment, (AC ¶ 1), but as Defendant McKay argues, “there is no mention or substantiation” of any alleged Fifth Amendment violation, (ECF No. 18-2 at 10 n.1). Plaintiff also cites the Declaration of Independence, (AC ¶ 1), but “there is no private right of action to enforce the Declaration of Independence, ” Nguyen v. Bank of Am., No. 14-CV-1243, 2015 WL 58602, at *3 (E.D.N.Y. Jan. 5, 2015). Plaintiff seeks to represent an undefined class.
There is no standalone constitutional right to the pursuit of happiness. Nguyen v. Bank of Am., No. 14-CV-1243, 2015 WL 58602, at *3 (E.D.N.Y. Jan. 5, 2015); Coffey v. United States, 939 F.Supp. 185, 190-91 (E.D.N.Y. 1996). Thus, Plaintiff's First Amendment claims fail.