Crump v. Bank of America

235 F.R.D. 113, 2006 U.S. Dist. LEXIS 17067, 2006 WL 751337
CourtDistrict Court, District of Columbia
DecidedMarch 23, 2006
DocketNo. Civ.A. 05-00464(HHK)
StatusPublished

This text of 235 F.R.D. 113 (Crump v. Bank of America) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crump v. Bank of America, 235 F.R.D. 113, 2006 U.S. Dist. LEXIS 17067, 2006 WL 751337 (D.D.C. 2006).

Opinion

MEMORANDUM OPINION AND ORDER

KENNEDY, District Judge.

Russell E. Crump filed a Petition for a Writ of Garnishment requesting that one-hundred seventy thousand dollars ($170,-000.00) be deposited in the court’s registry by Bank of America and Wachovia Bank. Before the court is Bank of America’s motion to dismiss [# 2]. Upon consideration of the motion, the oppositions thereto, and the record of this case, the court concludes that Bank of America’s motion must be granted.

I. FACTUAL BACKGROUND

On March 4, 2005, Crump filed a pro se pleading entitled “Petition for Writ of Garnishment” (“Petition”) against defendants, Bank of America and Wachovia Bank.1 Plaintiffs Petition is essentially one page in length, is largely unintelligible, and states in its entirety as follows:

PETITION FOR WRIT OF GARNISHMENT
Creditor-Plaintiff avers:
1. Pursuant to Rules 64, 67 Frcvp and D.C.Code §§ 16-501 et seq.
Plaintiff moves the Court for an Order directing the garnishee(s), above desig-nee(s), to deposit One Hundred Seventy Thousand Dollars (170K) in the Courts’ registry for the benefit of plaintiff-creditor.
(a) The writ of garnishment is a judicial proceeding ancillary or independent of Crump v. Amtrak and Manulife Financial cases (D.D.C 79-1506 and l:02ev00175 (HHK)).
(b) Garnishee(s), Bank of America, Wa-chovia hold bank accounts belonging to “Amtrak” or “Manulife”
[114]*114 JURISDICTION
The Court’s jurisdiction is invoked under the provisions of law, to name:
• 12 USC § 3416; and
• 28 USC §§ 1331,1332.

Wherefore creditor-plaintiff prays for judgment as follows:

1. An order directing deposit of One Hundred Seventy Thousand dollars ($170K) in the court registry;
2. Costs and attorney’s fees as required by statute (42 USC § 1988; D.C.Code §§ 16-523; 16-529).
3. Trial by jury of all factual issues.
4. Such other relief as the court deems just and proper.

Pet. at 2 (footnote omitted).2

The two eases cited by Crump in his Petition are Crump v. Nat’l R.R. Passenger Corp., Civ. No. 79-1506 (D.D.C.1979) (“1979 case”) and Crump v. Nat’l R.R. Passenger Corp., et al., Civ. No. 02-175 (D.D.C.2002) (“2002 case”). The histories of these eases are as follows: In 1979, Crump filed suit against National Railroad Passenger Corporation (“Amtrak”), which was resolved in 1981 by way of a settlement agreement between both parties. Crump v. Nat’l R.R. Passenger Corp., No. 02cv00175, slip op. at 2 (D.D.C. Sept. 23, 2003). The agreement provided that Amtrak pay Crump a particular sum of money for a period of twenty years.

Twenty years later, subsequent to Amtrak’s performance of the settlement agreement, Crump challenged Amtrak’s interpretation of the agreement, claiming that he was entitled to payments for life. Plaintiff thereafter filed suit against Amtrak and Manufacturers Life Insurance Company (“Manulife”) in 2002. That case was ultimately resolved on February 11, 2003, when this court entered judgement in favor of defendants on all claims. Over two years later, Crump filed his Petition.

In its motion to dismiss, filed April 5, 2005, Bank of America argues that Crump’s Petition “does not state any independent cognizable cause of action against Bank of America entitling plaintiff to the relief requested and does not meet the procedural and substantive requirements necessary for a writ of garnishment to issue.” Def.’s Mot. to Dismiss, at 2. The court agrees.

II. DISCUSSION

A. Standard of Review

A court may grant a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) “only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Martin v. Ezeagu, 816 F.Supp. 20, 23 (D.D.C.1993) (internal quotations omitted); Conley v. Gibson, 355 U.S. 41, 45—46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) (stating that a complaint should not be dismissed “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief’). In addition, the court must construe the complaint in a light most favorable to the plaintiff and must accept as true all reasonable factual inferences drawn from well-pleaded factual allegations. In re United Mine Workers Employee Benefit Plans Litig., 854 F.Supp. 914, 915 (D.D.C.1994); Schuler v. United States, 617 F.2d 605, 608 (D.C.Cir.1979) (stating that the court must give the plaintiff “the benefit of all inferences that can be derived from the facts alleged”).

Allegations of a pro se complaint are held to “ ‘less stringent standards than formal pleadings drafted by lawyers.’ ” Sparrow v. United Air Lines, Inc., 216 F.3d 1111, 1113 n. 2 (D.C.Cir.2000) (quoting Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972)). Though a court will read a pro se plaintiffs complaint liberally, a pro se plaintiff retains the burden of presenting a claim upon which the court can grant relief. Crisafi v. Holland, 655 F.2d 1305, 1308 (D.C.Cir.1981).

B. Federal Rules of Civil Procedure 64 and D.C.Code § 16-501

In his Petition, Crump first cites Federal Rule of Civil Procedure 64 as authority [115]*115for the issuance of a writ of garnishment. Federal Rule 64 states: “At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state in which the district court is held_” Fed. R. Crv. P. 64 (emphasis added).

The “law of the state” cited by Crump is Section 16-501 of the D.C.Code, which—on its face—governs attachments before judgement. See

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Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Sparrow, Victor H. v. United Airlines Inc
216 F.3d 1111 (D.C. Circuit, 2000)
Salvatore G. Crisafi v. George E. Holland
655 F.2d 1305 (D.C. Circuit, 1981)
Martin v. Ezeagu
816 F. Supp. 20 (District of Columbia, 1993)

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Bluebook (online)
235 F.R.D. 113, 2006 U.S. Dist. LEXIS 17067, 2006 WL 751337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crump-v-bank-of-america-dcd-2006.