ADAMOW v. LAMERE
| JONATHAN TYLER ADAMOW |
| CAITLYN ROSE LAMERE |
| 1:2023cv00732 |
| August 28, 2023 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| None |
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| Filing 4 Notice of Mailing Recommendation. Objections to R&R due by 9/14/2023. Objections to R&R for Pro Se due by 9/18/2023. (Bowers, Alexis) |
| TEXT RECOMMENDATION that the Court dismiss this action as frivolous under 28 U.S.C. s 1915(e)(2)(B), for lack of subject matter jurisdiction. In Section II of #2 Complaint, Plaintiff purported to invoke "[f]ederal question" jurisdiction to assert a claim under "801.56 Unwarranted Invasion of Privacy." That reference appears to track back to 49 C.F.R. s 801.56 (entitled "Unwarranted invasion of personal privacy"), "a National Transportation Safety Board regulation exempting certain personal, medical, or similar files from disclosure under the Freedom of Information Act (FOIA)," Watkins v. McKinney, No. 2:23CV192, 2023 WL 4306903, at *3 (N.D. Ala. June 30, 2023) (unpublished) (internal quotation marks omitted). "Even assuming this regulation or FOIA itself created a cause of action for invasion of privacy, the claim would fail because none of the defendants named are agencies subject to FOIA." Id. To the contrary, Section I of #2 Complaint only identifies one individual Defendant, who Section III of #2 Complaint, in turn, appears to identify as Plaintiff's "wife." "Accordingly, th[is] federal rule[ is] not applicable... and do[es] not create federal question jurisdiction in this case." Gonzalves v. Withy, Civ. No. 22-395, 2022 WL 10650259, at *3 (D. Haw. Sept. 30, 2022) (unpublished), recommendation adopted, 2022 WL 10586831 (D. Haw. Oct. 18, 2022); accord Kelly v. Brown, Civ. No. 16-3, 2016 WL 748860, at *2 (D. Mont. Jan. 25, 2016) (unpublished), recommendation adopted, 2016 WL 756468 (D. Mont. Feb. 25, 2016) (unpublished). Because of the obvious lack of subject matter jurisdiction, the Court should dismiss this action under Section 1915(e)(2)(B). Issued by MAG/JUDGE L. PATRICK AULD on 08/30/2023. (AULD, L.) |
| TEXT ORDER terminating #1 Application to Proceed in District Court without Prepaying Fees or Costs, in light of the Text Recommendation of dismissal entered this day. Issued by MAG/JUDGE L. PATRICK AULD on 08/30/2023. (AULD, L.) |
| Motion Referred: RE: #1 APPLICATION to Proceed IFP, to MAG/JUDGE L. PATRICK AULD. (Bowers, Alexis) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Bowers, Alexis) |
| Filing 3 CIVIL COVER SHEET. (Bowers, Alexis) |
| Filing 2 COMPLAINT against CAITLYN ROSE LAMERE, filed by JONATHAN TYLER ADAMOW. (Bowers, Alexis) |
| Filing 1 APPLICATION to Proceed IFP by JONATHAN TYLER ADAMOW. (Bowers, Alexis) |
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| Plaintiff: JONATHAN TYLER ADAMOW | |
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| Defendant: CAITLYN ROSE LAMERE | |
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