Opinion
03 Civ. 7661 (VM)
November 17, 2003
DECISION AND ORDER
I. BACKGROUND
In the instant action, plaintiff Michelle Gray ("Gray"), appearing pro se, asserts claims that arise out of ongoing disputes between Gray and others who allegedly live in the same apartment building and seeks monetary damages totaling $37,000,000,000.00. Defendants (collectively "Defendants") consist of the cooperative corporation which owns the building in which Gray resides, as well as numerous public agencies or subdivisions of agencies of the City and State of New York. In particular, Gray recites disputes with a fellow tenant named Corrine Gugucini, who Gray alleges sells illegal drugs. Gray claims that despite reporting the alleged actions of Gugucini and another tenant named Hamilton, who Gray alleges is a police officer assisting Gugucini, to the various named Defendants, they have done nothing to remedy the situation. Gray also claims that she is being followed, that she was followed to Florida while she was there on a vacation, and that everywhere she goes, she sees police officers checking her license plates. Although Gray has paid the requisite filing fee to commence this action, for the reasons discussed below the Court dismisses Gray's complaint without prejudice. See Fitzgerald v. First E. Seventh St. Tenants Corp., 221 F.3d 362 (2d Cir. 2000).
A. CLAIMS AGAINST DEFENDANT NEW YORK STATE AGENCY
As an initial matter, Gray's claims against defendant New York State Division of Housing Community Renewal Legal Department ("DHCR") are dismissed pursuant to the Eleventh Amendment to the Constitution of the United States. The Eleventh Amendment provides that: "The Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. In addition, "[s]tate immunity extends to state agencies . . . [that] act on behalf of the state." Burnette v. Carothers, 192 F.3d 52, 57 (2d Cir. 1999). Furthermore, "[w]hile the Amendment by its terms does not bar suits against a State by its own citizens, [the Supreme] Court has consistently held that an unconsenting State is immune from suits brought in federal courts by her own citizens as well by citizens of another State." Edelman v. Jordan, 415 U.S. 651, 662-63 (1974). Gray, a citizen of New York, asserts claims against DHCR, a New York State agency. Thus, Gray's claims against such defendant constitute a suit against the State and are dismissed pursuant to the Eleventh Amendment, as Gray has failed to allege facts demonstrating that New York has waived its Eleventh Amendment immunity with respect to the instant claims. See Rothstein v. Wyman, 467 F.2d 226, 238 (2d Cir. 1972) (state's waiver of Eleventh Amendment immunity must be "clear and unequivocal").
B. SUBJECT MATTER JURISDICTION
In addition, the basis for the subject matter jurisdiction of the federal district courts is limited and is set forth generally in 28 U.S.C. § 1331 and 1332. Under these statutes, a district court's subject matter jurisdiction may be exercised only when a "federal question" is presented, or when the plaintiff and the defendant are of diverse citizenship and the amount in controversy exceeds the sum or value of $75,000.00. See 28 U.S.C. § 1331, 1332. A party seeking relief in a district court must at least plead facts which bring the action within the court's jurisdiction. See Fed.R.Civ.P. 8(a)(1). Failure to plead such facts warrants dismissal of the action. Fed.R.Civ.P. 12(h)(3); see Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) ("[S]ubject-matter delineations must be policed by the courts on their own initiative[.]"); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231 (1990) (courts have an independent obligation to examine the basis of their jurisdiction); Manway Constr. Co., Inc. v. Housing Auth. of City of Hartford, 711 F.2d 501, 503 (2d Cir. 1983) (noting that courts must dismiss cases sua sponte for lack of subject matter jurisdiction).
In order to invoke federal question jurisdiction, the plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. "Federal question jurisdiction may be properly invoked only if the plaintiff's complaint necessarily draws into question the interpretation or application of federal law." State of New York v. White, 528 F.2d 336, 338 (2d Cir. 1975). Even granting the instant pro se complaint the lenient interpretation to which it is due,Graham v. Henderson, 89 F.3d 75, 79 (2d Cir. 1996) ("pleadings of a pro se plaintiff must be read liberally and should be interpreted 'to raise the strongest arguments that they suggest'") (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994)), Gray has failed to allege facts demonstrating that her claims arise under this Court's federal question jurisdiction. Thus, on this basis the instant complaint must be dismissed. Fed.R.Civ.P. 12(h)(3).
With respect to this Court's diversity jurisdiction, "[a] case falls within the federal district court's 'original' diversity 'jurisdiction' only if diversity of citizenship among the parties is complete, i.e., only if there is no plaintiff and no defendant who are citizens of the same State." Wisconsin Dep't of Corr. v. Schacht, 524 U.S. 381, 388 (1998).
Gray alleges that she and all of the remaining defendants, including a corporation, reside in New York. Thus, insofar as Gray's action purports to rest on the Court's diversity jurisdiction, the complaint is dismissed by reason of a lack of complete diversity between the remaining parties. See 28 U.S.C. § 1332(a), (c)(1); Fed.R.Civ.P. 12(h)(3).
To the extent Gray brings diversity claims against defendants Internal Affairs Bureau, 45th Precinct, and Narcotic Division Office, which appear to be units within the New York City Police Department, such diversity claims are dismissed as these defendants are subdivisions of the City of New York, a citizen of the State of New York for diversity purposes. See Moor v. Alameda County, 411 U.S. 693, 717 (1973).
II. ORDER
For the reasons discussed above, it is hereby
ORDERED that the complaint of plaintiff Michelle Gray is dismissed without prejudice.
The Clerk of Court is directed to close this case.
SO ORDERED:
COMPLAINT
September 26, 2003 Michele Gray 140 Benchley Place 13D Bronx, New York 10475 Your Honor,I must mention I was follow to Florida and everywhere I go out of New York I see an office checking my plates. Everyday I go out of my apartment I am being followed. Sergeant Okeefe of Internal Affair head the interview of my case against Police officer Hamilton of 140 Benchley place #13B had assure me an investigation will take place as soon as possible on the Officer Hamilton and Narcotic will investigated Corrine Gugucini of 140 Benchley Place #13G Sergeant Okeefe can not be found and he not working for Internal Affair. Basic on the three letter dated 8/26/03, 9/12/02 and 9/15/03 Riverbay or the Legal Department, Coop City Public Safety, 45th Precinct, Chief of Internal Affair Bureau, Narcotic Division Office and Yew York State Division Housing Community Renewal (HPD) has done nothing on this situation and on 9/25/03 the Legal Department Mrs Myrie throw me out of their office. I am asking this court for monetary relief of 37 billion dollars. I have run out of recourse. September 26, 2003 Michele Gray 140 Benchley Place 13D Bronx, New York 10475 Your Honor,
I must mention I was follow to Florida and everywhere I go out of New York I see an office checking my plates. Everyday I go out of my apartment I am being followed. Sergeant Okeefe of Internal Affair head the interview of my case against Police officer Hamilton of 140 Benchley place #13B had assure me an investigation will take place as soon as possible on the Officer Hamilton and Narcotic will investigated Corrine Gugucini of 140 Benchley Place #13G Sergeant Okeefe can not be found and he not working for Internal Affair. Basic on the three letter dated 8/26/03, 9/12/02 and 9/15/03 Riverbay or the Legal Department, Coop City Public Safety, 45th Precinct, Chief of Internal Affair Bureau, Narcotic Division Office and Yew York State Division Housing Community Renewal (HPD) has done nothing on this situation and on 9/25/03 the Legal Department Mrs Myrie throw me out of their office. I am asking this court for monetary relief of 37 billion dollars. I have run out of recourse. New York State Division Housing Community Renewal Legal Department/ 25 Beaver Street New York New York 10004 Co-OP City Public Safety 2049 Bartow Avenue Bronx, New York 10475 Riverbay (Co-op) Corporation 2049 Bartow Avenue Bronx New York 10475 Internal Affairs Bureau 315 Hudson Street New York New York 10013 Chief of Internal Affair Bureau 1 Police Plaza New York N.Y. 10038
45th Precinct 2877 Barkley Avenue Bronx N.Y. 10465 Narcotic Division Office 1 Police Plaza New York N.Y. 10038 646 I am Michele Gray a cooperative of Co-op city residing at 140 Benchley Place 13D Bronx New York New York 10475. I am distress over cooperator Corrine in apartment 13G at the above address, (140 Benchley Place 13G) she has terrorizes my child and I. She has keys to my apartment. She is telling my acquaintance to dissocialize with me and she is exchanging drugs for money from her residence. She fabricator to drug dealers, so they may do physical harm or cause death to my child and I. She has threaten mine life just this Sunday 8/17/03 for observing her dealings. The light bulbs on mine floor was removed to mine closest stairways and elevator appearing as a scheme to do harm to mine child and I. She has contracted friends of mine to conceal drugs in my apartment. I conclude she has initiated an investigation against me but I have on many occasion since April called the police to investigate her illegal activities in her tenement but nihility have been done. She makes one call to the 45 precinct and I am being investigated for some thing she been doing. Before the drug dealing Corrine tried on many occasion to turn people against me, and I did not know her at all, although she resides on mine floor. One day about three years ago, she came to me, screaming about light bulbs removed. I investigated because I am the captain of the floor and a member of the building association. The result was the neighbor did not recollect light bulbs shattered. She is on a mission to terminate my life and name by imitating it. She has initiated her mission by communicating with every man I an acquainted and inviting him to her apartment and slandering my name. She has fabricator my life to everybody she capable of by relating them to stay away. She initiates a confrontation when I have not seen her since February on July 18, 2003. I made a complaint with the 45 and the complaint was never number even as of today. Or recorded. I made complaint with CCPC, 45 precinct and Narcotic Bronx Division with Mr. Harris and Riverbay, Mr. Cooper General manager as far back as April 2003. They said they will investigate and nothing been done. She is determining to make mine life miserable and CCPC, 45 precincts and Riverbay has helped her along in covering up her harassment and drug dealing. Even the female Police officer Hamilton on our floor in apartment 13b had aids her in dealing drugs. I remember on officer at CCPC asking why do I care about her selling and I do not it is the harassment and the terrorizing I dislike and it has become unbearable to live. I had tried to elude her and still she will not void me, other had said just talk to her, or leave or go away. I have said this is discrimination, even the police officer Hamilton, who resides on my 13b floor, has disguised her illegal behavior. This officer stated she is a companion of Corrine. I was once acquaintance went Corrine in 13G I apprehend sufficient to start an investigation, but CCPC, 45 precinct or Riverbay Mr. Cooper General Manager and Police Officer Hamilton would not attempt to interrupt her. Simply, because she White or because I am Black. No one will give her last name so I may be permitted get an order of protection. My next phase is Federal Court. My options are limited. CC. Mr. Cooper of Riverbay General Manager Michele Gray September 12, 2003 Michele Gray 140 Benchley Place 13D Bronx, N.Y. 10475 This letter is a continuation of a previous letter written to this office on 8/26/03 and delivery on 9/2/03. It is an update of my ongoing threat to my child and mine life which is making my family life unbearable at 140 Benchley Place 13D Building 23 I sleep in my clothes, I do not do house chores, and I am constantly worrying. I recently took a vacation to Florida on 9/3/03-9/10/03 and return to my apartment which been burgarlized. Item been remove from my home, Direct TV access card, cooking pan, two cordless telephone, clothing my receiver and VCR. I return to my apartment with banging on my wall from neighbor in 13C to indicate individual again are still coming out of the hallway stair case, the cincincerator and elevator of the constant noise. My door lock had been tamper with and my lock already been changed three times going on the fourth time. The neighbor in apartment 13F had asked me when I changed my lock on the third time where did I purchase my door bar and want to know the number to the locksmith. I thought it was weird when my neighbor in 13E has a bar on his door for many years. The neighbor in 13C told me she had seen individual in my apartment when I was not at home but when I call the police to report her statement she recanted and focus on the noise of stairway and elevator. You already know about the PO officer in apartment 13A who refuse to do anything about 13G drug selling activities who is the cause of all my problems and threat to my child and mine life. Police Officer in 13B has five children the oldest is 12 and her husband is a Correction Officer does not care about this because PO said she is a friend of (13G-Corrine Guguccini) the drug dealing criminal. I have to mention 13K; I was in the hallway to see if the individual causing the noise with the elevator and stairway door whom has been entering 13G in between his drug selling. The Lewis family in apartment 13K comes off the elevator and did not say anything to me when she seen me in the hallway waiting to see the individual enter 13G apartment. Thirteen G goes to apartment 13K, 13K come out her apartment (she about 20 years) curse me out and threaten to slap the shit out of me and continue to tell me to get out of the hallway. At this time, I hear the individual who is selling drug from 13G. The individual making the noise in the stairway and elevator of 13C side attempting to go into 13G apartment and I approach the stairway and 13G intercept me telling me to get way from the stair and threaten to kill me on 8/17/03. The Lewis family 13K calls the police and CCPC gives me a citation for loitering in the hallway but they did not report the threat to my life. At this time the individual causing the noise in the stairway and selling drug from 13G held off from entering 13G, but later enter the apartment when the door opened and then close. I tried on many occasion to get Riverbay to assist me in this situation and offer a transfer they said there is none. Mr. Copper will not meet to discuss my options. I went to see Ms. Myrie the legal attorney for Riverbay on 9/3/03 and return to New York 9/10/03 from trip to Florida to clear my head and just gets away. She indicated on 9/10/03 she would permit transfer after she investigates my complaint. It may take months or years before it complete and my child and I could be dead by the end of the investigation. I need to move immediately as of today. A tenant in 13C had the nerve to state I do not need to move after her constant banging on my wall when the dealers entering her side stairway. On 9/11/03 Ms. Myrie call the CCPC after I sent my daughter to tell her my lock been tamper with, the noise of the stairway and my missing item from my apartment and when they arrive they did not report the incident. I cannot trust anyone I need to be alone and away from large amount of people. The tenant in 13G told officers and others, I am not who I say I am, she said I stole my vehicle and she has said my child is not my but my sister, she said she is the tenant of my own apartment. I am on Social Security Disability because of depression and people in general has and continue to make my life miserable and tenant 13G has cause problem for my family I cannot defeat. It's just 13G and her drug dealing and her drug dealing boyfriend and associate went over broad and the tenant, neighbor and associates, Riverbay executive officer has jump on the bandwagon and put their nose up to my situation. I was told by a reliable source that the drug dealer want this building (23 140 Benchley place) because lots of the tenant do drugs. They can have the building I want out if I can't I am going to lose my mind. I went to the 45 precinct and made a compliant about these update information and request with them a transfer on 9/11/03 complaint # is ___ (by 3:00 on 9/12/03). The only option I have and to help everyone is a transfer immediately into townhouse on the top floor. 13G tenant follows me and ask other what I am up to; she buy information from tenant and Riverbay employees which is how she receives the key to my bottom lock and stole my key from my daughter book bag for the top lock and return them to my daughter school yard play ground. When I changed my lock she paid locksmith before coming to my reside so she can get a master key or key made. Two locksmiths came to my apartment and changed their mind about giving me a Fox Police Lock. One came with out his material and state he has to go the store to buy his supplies and the other said he will put the lock on but will use the lock cinder already on my door of cause that's the one I want changed. She will not stop until I am dead. I am asking for immediate attention. I had my telephone turn off and my cell I could only call 911. I believe it been bugged and cameras are in my apartment. The Officer in 13B has contributed to this terrorizing. I also must mention a telephone call I received from a man who install camera for Stop and Stop indicates he place camera in my apartment and describes me in 13G description. Everytime I here individual in the hallway stair or at mine door before I can get up to go to the door they already gone and every time I go out side to the hall. Other has told me thing I have done when no one else could have known. For example, this transfer to a town house is everywhere. Again, I need immediate attention to this situation. A transfer is my only way to save my family to continue to live peace ul. I want this over I am tried enough is enough move me now please. PLEASE NOTE THE TWO MALE WANTED FOR CO-OP CITY MURDER AND A PHOTO OF THEM IN THE LOBBY BUILDING IS SEEN COMING IN AND OUT OF 13G APARTMENT I do not believe I am asking for too much just to save my life and mind. A number where you can leave message is 212 281 6370 I will return your call immediately upon receipt or a letter by FED EX or Certified mail or United Parcel. Michele Gray September 15, 2003 Michele Gray 140 Benchley Place 13D Bronx, New York 10475 This letter is a continuation of the previous two letters I wrote to this office. I may have left off some important which will attempt to aid in assisting mine transfer. The first letter dated 8/26/03; the second letter dated 9/12/03. I mention the Lewis family apartment 13K dated 9/12/03. When I dropped off the letter to Riverbay Mr. Cooper, General Manager and Mrs. Myrie, Legal Department on 9/12/03, later that night 13G (drug dealer, Corrine Gugucini) descended to lobby ringing 13K Lewis family bell (20 year old). The (20 year old) girl of the Lewis family who threaten to slap the shit out of me, which may indicate information written in my letter was related to 13G; by who I do not know but I will assume it was Police Officer Hamilton in 13B or an employee working for Riverbay relating the information to 13G. THIS LETTER INDICATED INDIVIDUAL MY NAME OR APARTMENT Drug dealer 13G is presently selling drugs for a well-known dealer, shy residing in building 21 who want to get intimate with me indicated on 9/12/03 after dropping off mine letter #2 dated 9/12/03 to Riverbay 13G want him to conceal drug in my vehicle. He also requires the type of food I have eaten and desire to know what information was in my bag. This same individual told me couples of weeks ago 13G inform him I put bread and candle at her door. I did not. He also verify to me he will confer to her about harassing me, before I left for my vacation 9/3/03. I return to observe 13G selling drug for him. I cannot exist this way I comprehend 13G crave to keep tab on my daily activities but I cannot continue life pothering about her concentration on my business. I cant live this way. She will not restrain because she senses I am getting in her way. She is out of control. Another well-known dealer who I did not know at all stop me and told me 13G sell drug for him and she own him $100.00. He also indicate 13G told him I sell drug and not to talk to me because I have too many men coming from my apartment and I said well stay way from me. When 13G found out I prefer her drug dealing friends or associates to stay away from me 13G insist this drug dealer harass me by ringing my bell in middle of the night and, ask me for sex and ask me to cook drug at my house and to get information from me about what I am up to and what I plan on doing about her 13G. When this did not work for him (drug dealer) or her (13G) She dropped him and move to mine next associates. Tenant in 13G will not stop. I do not have the energy to keep up to her constant influence. If no arrest eminent, please allow me to get a transfer I am distress. If you had received letter #2 you would already know I took a trip to Florida before I left Vincent a Tenant in 12L came to me and say I was correct about Corrine in 13G. She focuses too much on me and does everything she (13G) could to discredit my respectful reputation. Vincent is also a friend of Police Officer Hamilton told by PO Officer. Tenant in 8K my favorite and best friend Mark told me 13G told him to stay away from me after asking him to come up to her apartment. She him ask to conceal drug in my apartment when he refuse 13G told his girl friend he was coming out of my apartment and his girlfriend drop him after over 21 years being together. Prince and Jay are brother who parents live on the seventh floor and friend of Mark told me she (13G) told them if they going to help me paint or talk to me. They could not buy drug from her (13G). Butch who live in Building 21B stated to me 13G said if he even talk to me, she would not allow him to make drug transaction from her for his associate. (Called a drug runner; 52 years old) Another well-known dealer told me I was being investigated for drug dealing, which I found overwhelming and slander fabricated by 13G driven by hatred or because she can get away with. E a well-known dealer who was selling drug from her apartment 13G was arrested Susan on the 30B floor told me 13G were telling user and dealer E was working from my apartment, even though my bell did not ring and no one knock on my door. This was a strategy to deter the police from their activities; I believe or just plane hatred. When E arrested 13G, ask if I could get him out of jail or bail by signing my name. It was over the board when she 13G is his drug dealing partner. Somehow 13G found out I claimed bankruptcy but I never told her a made a claim. I will never put my name on any document for any one's bail for drug selling. I am not, do not wish to be associate but Corrine (13G) who is trying and had tried and continue or even made had come close to setting me up or even succeed. I will never speak to Corrine 13G. She scares me and I do not like her personally. I stop speaking to her year 2 years ago and stated talking to her again by accident for about two month after she begin selling drug. I stop speaking to her again about the end of 2002 (Nov or DEC) or sometime in February 2003. I must retrieve my name and reputation. Yesterday Susan sister Sandra 9/14/03 asked me for mine cells number, which I gave purposely incorrectly. I believe she (13G) stole my Sim card from my cell telephone, which is missing and sold it. Susan sister also wanted to see how mine bedroom looked and tried to see it when I told her not to, because someone told 13G I was banging nail, she may of heard me or the camera or working to keep tab and the investigation continuous which I believe is a conspiracy against me by 13B Police Officer Hamilton and 13G Corrine the drug dealer. Tenant 13G Corrine's partner, the individual selling drug and making noise in the stairway causing the neighbor 13C to bang on wall when she hear the individual coming out the stairway. To stop the noise on Friday 9/12/03 placed paper under the stairway to stop the banging of mine wall by my neighbor 13C. Tenant 13C was present and said I should not do that which she said 13B Police Officer Hamilton stated. It is not a fire hazard if the stairway doors are open. In the process of putting the paper under the door 13C return to her apartment to answer the telephone only to return with two piece of newspaper to put in the cincerator. I return to my apartment to retrieve my bag only to return to my paper being removed. I again place the paper under the door only to return from outside to find the stairway doors open again. I enter my apartment and the individual in the stairway are causing noise again and banging start again. It is hopeless. I turn on my music until 100am. All day Saturday 9/13/03 I played music to avoid the stairway noise. Yesterday Sunday morning 9/14/03 I went to the cincerator to check to see if my daughter actually put the trash down the cincerator and Police officer son 13B open his door I say good morning. I return thinking maybe it is probably their son in the hallway or helping the dealer. Later I went the Police Officer 13B apartment mine daughter and I ask her did she see or hear anything from the stairway she did not even open her door and stated simply no I did not. I go the stair to investigate and discover she can easy see anyone coming out of the stairway all she has to do is look. Later Sunday I went to 13C apartment she stated to me she can not open her door to talk to me that 13B would not her allow her to talk to me anymore and she continue to said I must go to Hamilton apartment. I wanted ask for a personal question and it has nothing to do with the selling of the drugs. I want to borrow 20.00 from her for grocery. I never ask her but I stated to her I will not go the Hamilton for information about drug selling because PO Hamilton is involved in cover-up 13G drug selling (Corrine). If you have read my first letter I already made a complaint against Hamilton with Internal Affair Complaint ___ If Hamilton can tell, tenant 13C to stop talking to me why cannot she tell drug dealing 13G Corrine to stop harassing me or stop selling her drugs. Because I can only benefit with a transfer to townhouse, so the whole is to destroy me. I want out of the situation or I will be destroy If you care or concern for your tenant please aid in a transfer to top floor townhouse so 13G or 13B cant terrorized me or look through my window or harass me and other tenant as they doing today. Michele Gray It seem as if the dealer only need Corrine 13G to deal drug when Corrine want to sell drug for them but Corrine only want deal with them if they can harass me. It is a circus around me and Corrine is responsible These inddivual in this letter will assist her if I did not became physically intimate with them and it plenty of them. I do not want my business on paper this way put I have to save my reputation I will do or say nothing if it helps this conspiracy against me. I have one solution to this ongoing harassment and slander a transfer from this building into a townhouse away from all and any she can buy information. I believe Police Hamilton so involved I now know there is a stronger possibility of camera and bugged telephone but she has no motive, which mean she may simply be a hater. A number where you can leave message is 212 281 6370 or 1-646-207-7140 I will return your call immediately upon receipt or a letter by FED EX or Certified mail or United Parcel. Michele Gray