Darren- James Michaels v. Lisa Vickers , 477 F. App'x 871 ( 2012 )


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  • DLD-163                                                  NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 12-1191
    ___________
    DARREN-JAMES MICHAELS,
    Grantor/Beneficiary Complainant, In Personam,
    Appellant
    v.
    LISA ECHEVERRI VICKERS, trustee, In Personam;
    JEFF ATWATERS, trustee, In Personam;
    LADASIAH JACKSON FORD, In Personam
    ____________________________________
    On Appeal from the United States District Court
    for the Western District of Pennsylvania
    (D.C. Civil No. 11-cv-00157)
    District Judge: Honorable Maurice B. Cohill, Jr.
    ____________________________________
    Submitted for Possible Summary Action
    Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
    April 19, 2012
    Before: AMBRO, JORDAN and VANASKIE, Circuit Judges
    (Opinion filed April 30, 2012)
    _________
    OPINION
    _________
    PER CURIAM
    In August 2011, Darren-James Michaels filed a pro se complaint in the District
    Court for the Western District of Pennsylvania. He filed an amended complaint in
    September 2011, alleging breach of trust, trespass, and fraud. He sought declaratory
    relief, specific performance of a trust, a general injunction to restrain, and the return of
    trust res. He emphasized that his is a “suit in equity.” His claims relate to a delinquent
    Florida child support order. The appellees are all Florida residents and employees of the
    Florida government.
    The District Court dismissed the complaint on December 15, 2011, for lack of
    subject matter jurisdiction. It determined that Michaels had failed to allege any facts
    establishing a federal question. His claims implicated state law concepts only.
    Furthermore, the District Court found, it lacked jurisdiction on diversity of citizenship
    grounds. Michaels failed to demonstrate the requisite jurisdictional amount in
    controversy, as his claims were based in equity and he sought no money damages. The
    District Court also noted that Michaels claimed to be a “‘state national’ of the Republic
    of Pennsylvania,” but the record indicated that he is a resident of Florida, as are the
    remaining parties. Michaels filed a motion to vacate or reconsider on January 3, 2012,
    and a notice of appeal on January 19, 2012. The District Court denied the motion to
    vacate and reconsider on April 4, 2012.
    We have jurisdiction pursuant to 28 U.S.C. § 1291 and will affirm. The District
    Court correctly noted that the complaint does not allege a violation of the Constitution or
    2
    federal law. See 28 U.S.C. § 1331. Additionally, for the reasons stated by the District
    Court, Michaels fails to demonstrate any basis for diversity jurisdiction. See 28 U.S.C. §
    1332. Because we conclude that this appeal presents no substantial question, we will
    summarily affirm. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.
    Michaels has filed numerous motions in this Court while his appeal has been
    pending, including motions to expedite, for special chancellor and special master, for
    sanctions against appellees, and numerous motions to strike appellees’ responses and
    pleadings. All of his motions are denied. Appellees’ motion for the issuance of an order
    to show cause is denied as unnecessary.
    3
    

Document Info

Docket Number: 12-1191

Citation Numbers: 477 F. App'x 871

Judges: Ambro, Jordan, Per Curiam, Vanaskie

Filed Date: 4/30/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023