United States District Court, D. Massachusetts
FREDERICK J. NUZZO, Plaintiff,
MICHAEL N. LUSSIER, et al., Defendants.
MEMORANDUM AND ORDER
B. SARIS CHIEF UNITED STATES DISTRICT JUDGE.
reasons set forth below, the Court directs Frederick J. Nuzzo
to (1) either pay the $400 filing fee or file a motion for
leave to proceed in forma pauperis; and (2) file a
complaint that complies with the directives of this
Memorandum and Order.
April 24, 2018, Frederick J. Nuzzo initiated this action
against the Chief Executive Officer and the General Counsel
of Webster First Federal Credit Union (“WFFCU”)
by filing an Order to Show Cause for Non-Judicial Foreclosure
accompanied by several documents including exhibits, an
affidavit and a copy of a fee payment authorization form.
See Docket No. 1. The clerk entered the documents
onto the docket as Nuzzo's complaint. See Id.
can be gleaned from Nuzzo's pro se pleading, his
home was used to secure a home equity line of credit
(“HELOC”) mortgage. See Docket No. 1. He
now seeks to enjoin the defendants from initiating, without
judicial oversight, a foreclosure sale for non-payment.
Id. Nuzzo challenges the outstanding balance on the
loan and seeks to have this court order an audit.
Id. at p. 2. He states that the WFFCU “should
be brought before the Grand Jury for consideration of
indictment for conspiracy, subversion, RICO, war against the
Constitution and other charges.” Id.
has not paid the $350.00 filing fee and the $50.00
administrative fee, see 28 U.S.C. § 1914(a)
($350.00 filing fee for all non-habeas civil actions), or
filed a motion for leave to proceed without prepayment of the
filing fee, see 28 U.S.C. § 1915 (proceedings
in forma pauperis). Instead, he submitted a copy of
a form used by the Social Security Administration to collect
a fee for payee services. See Docket No. 1-4. This
form is insufficient for seeking in forma pauperis
order to seek leave to proceed in forma pauperis, a
plaintiff must submit an affidavit that includes a statement
of all plaintiff's assets. See 28 U.S.C. §
1915(a)(1). For the convenience of litigants, this Court
provides a form application to seek leave to proceed in
forma pauperis. The Clerk shall provide plaintiff with
an Application to Proceed in District Court without Prepaying
Fees or Costs. Nuzzo will be granted additional time to
either (1) pay the $400.00 filing and administrative fees; or
(2) move for leave to proceed without prepayment of the
filing fee. Failure of Nuzzo to timely comply with this
directive may result in the dismissal of this action.
Frederick J. Nuzzo has not Filed a Complaint
Nuzzo is proceeding pro se, he is entitled to a
liberal reading of his allegations, even when such
allegations are inartfully pled. See Haines v.
Kerner, 404 U.S. 519, 520-21 (1972); Rodi v. New
Eng. Sch. of Law, 389 F.3d 5, 13 (1st Cir. 2004). Even
with a liberal reading, Nuzzo's pro se pleading
is not a complaint and it fails to assert a clearly
identifiable claim against the defendants. See
Docket No. 1. In fact, the only reference to defendants
Michael N. Lussier and Kevin M. David is found in the case
caption. Id. Otherwise, the pleading simply refers
to “the defendants.”
generous reading of Nuzzo's pleading is that he seeks a
judicial determination of his rights against WFFCU and a
declaration that any foreclosure would be unwarranted.
Because he failed to file a complaint invoking the
Court's jurisdiction, the Court has no subject matter
jurisdiction to entertain his request for relief.
extent that Nuzzo wishes to bring a civil action in this
Court, the Court will permit Nuzzo twenty-one days to file a
complaint that sets forth a federal cause of action and the
basis for the Court's jurisdiction. Such complaint must
conform to the pleading requirements of the Federal Rules of
Civil Procedure and this Court's Local Rules. Nuzzo is
advised that a federal court is a court of limited
jurisdiction, and may adjudicate only those cases authorized
by the Constitution and by Congress. See Kokkonen v.
Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). The
basic federal jurisdiction statutes, 28 U.S.C. §§
1331. 1332, confer "federal question" and
"diversity" jurisdiction, respectively.
state a claim for relief, a complaint must, in compliance
with Fed.R.Civ.P. 8(a)(2), include “a short and plain
statement of the claim showing that the pleader is entitled
to relief.” Fed.R.Civ.P. 8(a)(2). The claims must be
set forth "in numbered paragraphs, each limited as far
as practicable to a single set of circumstances."
Fed.R.Civ.P. 10(b). Further, where a plaintiff brings claims
against more than one defendant in a single lawsuit, the
claims must be limited to those ...