Payne v. United States

181 F.R.D. 676, 42 Fed. R. Serv. 3d 433, 82 A.F.T.R.2d (RIA) 6931, 1998 U.S. Dist. LEXIS 16204, 1998 WL 730158
CourtDistrict Court, M.D. Florida
DecidedOctober 8, 1998
DocketNo. 98-436-CIV-T-17B
StatusPublished
Cited by3 cases

This text of 181 F.R.D. 676 (Payne v. United States) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Payne v. United States, 181 F.R.D. 676, 42 Fed. R. Serv. 3d 433, 82 A.F.T.R.2d (RIA) 6931, 1998 U.S. Dist. LEXIS 16204, 1998 WL 730158 (M.D. Fla. 1998).

Opinion

ORDER ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

KOVACHEVICH, Chief Judge.

THIS CAUSE is before the Court on Defendants’, United States of America, Department of the Treasury, and United States Custom Services, Motion to Dismiss (Docket No. 9), filed July 24, 1998. Plaintiff filed a response, (Docket No. 11), on August 6,1998.

STANDARD OF REVIEW

A district court should not dismiss a complaint unless it appears, “beyond doubt that the plaintiff can prove no set of facts in [677]*677support of his claim which would entitle him to relief.” See Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). To survive a motion to dismiss, a plaintiff may not merely “label” his or her claims. See Blumel v. Mylander, 919 F.Supp. 423, 425 (M.D.Fla.1996). At a minimum, the Federal Rules of. Civil Procedure require a “short and plain statement of the claim” that “will give the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests.” See Conley, 355 U.S. at 47, 78 S.Ct. 99 (quoting Fed. R. Civ. P. 8(a)(2)).

In deciding a motion to dismiss, the court can only examine the four (4) corners of the complaint. See Rickman v. Precisionaire, Inc., 902 F.Supp. 232 (M.D.Fla.1995). The threshold sufficiency that a complaint must meet to survive a motion to dismiss is exceedingly low. See Ancata v. Prison Health Serv., Inc. 769 F.2d 700, 703 (11th Cir.1985) (citation omitted).

In addition, a court must accept the plaintiffs well pled facts as true and construe the complaint in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Howry v. Nisus, Inc., 910 F.Supp. 576 (M.D.Fla.1995). However, when on the basis of a dispositive issue of law, no construction of the factual allegations of the complaint will support the cause of action, dismissal of the complaint is appropriate. See Executive 100, Inc. v. Martin County, 922 F.2d 1536 (11th Cir.1991); Powell v. United States, 945 F.2d 374 (11th Cir.1991). With this standard in mind the Court turns to consideration of the claims asserted.

BACKGROUND

The original cause of action was filed on February 27, 1998. (Docket No. 1). On March 5, 1998, copies of summons addressed to the United States Attorney’s Office, the Commissioner of Customs, and the Civil Process Clerk at the U.S. Attorney’s Office were received by the Clerk of the U.S. District Court for the Middle District of Florida. (Docket No. 2). On May 4, 1998, Plaintiff filed an Amended Verified Complaint. (Docket No. 4). On July 24, 1998, Defendants filed a Motion to Dismiss, (Docket No. 9), pursuant to Rule 12(b)(2) and 12(b)(5) of the Federal Rules of Civil Procedure, for lack of personal jurisdiction and insufficiency of service of process. Defendants also request dismissal of Count I of the Amended Verified Complaint, pursuant to Rule 12(b)(6), Fed. R. Civ. P., for failure to state a claim upon which relief may be granted. (Docket No. 9). On August 5, 1998, the Clerk of the U.S. District Court for the Middle District of Florida received a copy of a summons issued to the Honorable Janet Reno, Attorney General of the United States. Plaintiffs Memorandum of Law in Opposition to the Defendants’ Motion to Dismiss was filed on August 6, 1998. (Docket No. 11).

The Amended Verified Complaint alleges the following:

As to Count I:
1. On December 4, 1997, Plaintiff filed a Customs Declaration providing that he was carrying currency or monetary instruments over $10,000.00 in U.S. or foreign equivalent. (Docket No. 4, Paragraph 4).
2. On December 4, 1997, an employee of the United States Customs Service seized U.S. currency in the amount of $9,900.00, English currency with a face value of £425, and an appraised value of $686.00, Sixty (60) United States silver dollars, twenty-four (24) one ounce silver colored coins, thirty-three (33) one-half ounce silver colored coins, sixty-four (64) one-half ounce gold colored coins, one hundred twenty-three (123) one-quarter ounce gold colored coins, two hundred sixty-one (261) one-tenth ounce gold-colored coins, and one Samsonite roller suitcase from Plaintiff, as Trustee of Greater Ministries International Church. (Docket No. 4, Paragraph 5).
3. On or about December 5, 1997, Plaintiff, as Trustee of Greater Ministries International Church, filed a petition with the United States Customs Service seeking relief from the forfeiture. (Docket No. 4, Paragraph 6).
4. On December 17, 1997, a Fines, Penalties, and Forfeitures Officer of the United States Customs Service informed Plaintiff that “Further investigation has revealed that the property cannot be released.” (Docket No. 4, Paragraph 7).
[678]*6785. The United States Customs Service has conditioned the release of the items on the execution of a Hold Harmless Agreement and the execution of Customs Form 4790. (Docket No. 4, Paragraph 8).
6. On March 11, 1998, the United States Customs Service returned all seized items except the U.S. Currency in the amount of $9,900.00 and English Currency with a face value of £425, and an appraised value of $686.00, to the Greater Ministries International Church. (Docket No. 4, Paragraph 9).
7. Greater Ministries International Church is entitled to return of the seized goods. (Docket No. 4, Paragraph 10).
As to Count II:
1. This is a civil action by Plaintiff, as Trustee of Greater Ministries International Church, for the return of funds as a result of wrongful levy by the Internal Revenue Service. (Docket No. 4, Paragraph 11).
2. On or about April 20, 1998, the Internal Revenue Service served a Notice of Levy upon the United States Customs Service and seized funds in the possession and custody of the United States Customs Service. (Docket No. 4, Paragraph 14).
3. The levy described was pursuant to a Notice of Federal Tax Lien, filed with the Hillsborough County Circuit Court Official Records, on or about March 26, 1997. (Docket No. 4, Paragraph 15).
4. The Notice of Federal Tax Lien names Gerald D. Payne as the taxpayer. (Docket No. 4, Paragraph 16).
5. Gerald Payne has no interest in or any rights to the seized funds. (Docket 4, Paragraph 17).
6. The funds seized are owned by Greater Ministries International Church, (docket No. 4, Paragraph 18).
7. Greater Ministries International Church is entitled to return of the funds wrongfully levied upon by the Internal Revenue Service.

DISCUSSION

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

Related

Jennis v. Rood
488 F. Supp. 2d 172 (N.D. New York, 2007)
Crowell v. Morgan Stanley Dean Witter Services, Co.
87 F. Supp. 2d 1287 (S.D. Florida, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
181 F.R.D. 676, 42 Fed. R. Serv. 3d 433, 82 A.F.T.R.2d (RIA) 6931, 1998 U.S. Dist. LEXIS 16204, 1998 WL 730158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-united-states-flmd-1998.