Mitchell v. Department of Veteran Affairs

District Court, District of Columbia·Decided November 24, 2025·No. Civil Action No. 2025-1946·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CHERAHN MITCHELL,

Plaintiff, Civil Action No. 25-01946 (AHA) v.

DEPARTMENT OF VETERANS AFFAIRS, et al.,

Defendants.

Memorandum Opinion

Cherahn Mitchell sues Newrez LLC, the U.S. Department of Veterans Affairs, the Veterans

Loan Guarantee, and the clerk of a county in Texas, asserting claims arising out of an attempted

foreclosure on a property located in Waskom, Texas. Newrez moves to dismiss, arguing it was not

properly served, that this court lacks personal jurisdiction over it, and that Mitchell fails to state a

claim. For the reasons below, the court dismisses the case.

I. Background

Mitchell’s filings suggest she acquired the property at issue in December 2021 with a loan

from the Department of Veterans Affairs’ loan guarantee service. See ECF No. 1-2 at 3; ECF No.

1-2 at 47. In February 2025, Mitchell received notice that she was behind on her mortgage

payments and, in May 2025, the property was posted for foreclosure sale. See ECF No. 1-2 at 47;

ECF No. 24-2 at 4. According to Mitchell’s pleadings, the sale was rescinded a few weeks later.

See ECF No. 1 at 4; ECF No. 24-2 at 4–5. It is not clear from Mitchell’s pleadings whether any

foreclosure or eviction happened; although she attaches some eviction-related notices, they all

appear to pre-date the final rescission of the foreclosure sale. See ECF No. 1-2 at 59, 91, 101. Mitchell’s claims instead seem to stem from her concern about the effectiveness of the rescission.

See ECF No. 1 at 4. For example, she attached to her opposition brief a September 2025 record

from the tax office in Harrison County, Texas that appears to list Newrez as the property’s owner,

as well as another filing showing that she later attempted to correct that record. See ECF No. 24-1

at 2; ECF No. 24-5 at 3–4. Mitchell’s alleged injury appears to be based on the failure of these and

other records to reflect her ownership of the property. See ECF No. 24 at 2–3. Her complaint

asserts a violation of the Truth in Lending Act and a common law wrongful foreclosure claim. See

ECF No. 1 at 1, 4. She appears to request quiet title to the property, $672,000 in damages, as well

as injunctive relief prohibiting eviction and foreclosure proceedings on the property. See id. at 4;

ECF No. 2 at 1–2.1

Newrez moves to dismiss the complaint for lack of personal jurisdiction, improper service,

and failure to state a claim under Federal Rules of Civil Procedure 12(b)(2), (5), and (6),

respectively. ECF No. 16-1 at 3. The remaining defendants have not yet appeared in this case.

II. Discussion

To survive a motion to dismiss for lack of personal jurisdiction, the plaintiff must establish

“a factual basis for the exercise of personal jurisdiction over the defendant.” Crane v. New York

Zoological Soc., 894 F.2d 454, 456 (D.C. Cir. 1990). The plaintiff “must allege specific acts

connecting the defendant with the forum” rather than rely on a “bare allegation” of jurisdiction.

Second Amendment Foundation v. U.S. Conference of Mayors, 274 F.3d 521, 524 (D.C. Cir. 2001)

1 In the complaint, Mitchell includes “Mitchell 4 Acres LLC” in the caption as a plaintiff. ECF No. 1 at 1. However, “a corporation may appear in the federal courts only through licensed counsel.” Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202 (1993). Mitchell, who appears pro se and not as an attorney, cannot represent a company. See United States ex rel. Feliciano v. Ardoin, 127 F.4th 382, 383 (D.C. Cir. 2025) (“While parties may conduct their own cases pro se, a non- attorney cannot appear pro se and seek to represent others.” (cleaned up)). The court accordingly construes the complaint to be brought by Mitchell alone.

2 (cleaned up). “In assessing challenges to personal jurisdiction, the Court need not treat all of

plaintiffs' allegations as true, and instead ‘may receive and weigh affidavits and any other relevant

matter to assist it in determining the jurisdictional facts.’” Clay v. Blue Hackle N. Am., LLC, 907

F. Supp. 2d 85, 87 (D.D.C. 2012) (quoting United States v. Philip Morris Inc., 116 F. Supp. 2d

116, 120 n.4 (D.D.C. 2000)); see also Naartex Consulting Corp. v. Watt, 722 F.2d 779, 785–786

(D.C. Cir. 1983) (relying on an “uncontradicted affidavit” to conclude that the plaintiff failed to

establish personal jurisdiction).

The federal rules require a complaint to contain “a short and plain statement of the claim

showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). This “does not require

‘detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-

harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v.

Twombly, 550 U.S. 544, 555 (2007)). This ensures the defendant has “notice of what the claim is

and the grounds upon which it rests.” Twombly, 550 U.S. at 555 (cleaned up). A court may dismiss

a complaint that fails to meet these requirements upon motion or on its own accord. See Fed. R.

Civ. P. 41(b); see also Ciralsky v. CIA, 355 F.3d 661, 669 (D.C. Cir. 2004) (“Rule 41(b) authorizes

the court to dismiss either a claim or an action because of the plaintiff’s failure to comply with the

Federal Rules.”); Dali v. Walter Reed Nat’l Mil. Med. Ctr., No. 24-cv-3313, 2025 WL 326575, at

*1 (D.D.C. Jan. 29, 2025) (observing that dismissal under Rule 8(a) “may be ordered on motion

or sua sponte by the court”).

The court acts with extra care in reviewing a pro se complaint, construing the allegations

liberally and “in light of all filings.” Ho v. Garland, 106 F.4th 47, 50 (D.C. Cir. 2024) (quotation

marks omitted) (quoting Brown v. Whole Foods Mkt. Grp., Inc., 789 F.3d 146, 152 (D.C. Cir.

2015)). However, pro se litigants must still comply with the applicable rules. See Jarrell v. Tisch,

3 656 F. Supp. 237, 239–40 (D.D.C. 1987) (explaining that the leniency afforded to pro se plaintiffs

“does not constitute a license for a plaintiff filing pro se to ignore the Federal Rules of Civil

Procedure or expect the Court to decide what claims a plaintiff may or may not want to assert”).

Here, Mitchell has not established that the court has personal jurisdiction over Newrez.

The Supreme Court recognizes two avenues for personal jurisdiction: General jurisdiction, where

Free access — add to your briefcase to read the full text and ask questions with AI

Mitchell v. Department of Veteran Affairs, (D.D.C. 2025).

Mitchell v. Department of Veteran Affairs (Mitchell v. Department of Veteran Affairs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Ciralsky v. Central Intelligence Agency
355 F.3d 661 (D.C. Circuit, 2004)
Kent B. Crane v. New York Zoological Society
894 F.2d 454 (D.C. Circuit, 1990)
Jarrell v. Tisch
656 F. Supp. 237 (District of Columbia, 1987)
United States v. Philip Morris Inc.
116 F. Supp. 2d 116 (District of Columbia, 2000)
Clay v. Blue Hackle North America, LLC
907 F. Supp. 2d 85 (District of Columbia, 2012)
Randy Brown v. Whole Foods Market Group, Inc
789 F.3d 146 (D.C. Circuit, 2015)
Ford Motor Co. v. Montana Eighth Judicial Dist.
592 U.S. 351 (Supreme Court, 2021)
Tommy Ho v. Merrick Garland
106 F.4th 47 (D.C. Circuit, 2024)