United States District Court, E.D. Michigan, Southern Division
William M. McCavey, Plaintiff,
Geralda B. Hines, et al., Defendants.
ORDER: (1) GRANTING DEFENDANTS' MOTION TO
DISMISS PLAINTIFF'S FIRST AMENDED
COMPLAINT [ECF No. 15]; (2) DENYING PLAINTIFF'S MOTION
FOR LEAVE TO FILE SECOND AMENDED COMPLAINT [ECF No. 21]; AND
(3) DISMISSING THE CASE
VICTORIA A. ROBERTS UNITED STATES DISTRICT JUDGE
move to dismiss the first amended complaint. Plaintiff
William McCavey (“McCavey”) seeks leave from the
Court to file a second amended complaint. While the Court has
authority to allow this amendment under Fed.R.Civ.P.
15(a)(2), McCavey has not demonstrated that the Court has
personal jurisdiction over Defendants, despite several
attempts to establish jurisdiction.
the Court denies his request, grants Defendants' motion
to dismiss, and dismisses the case.
filed his first complaint on January 11, 2019, and the first
amended complaint on March 11, 2019. The facts underlying the
case center around a Georgia child support arrearage. McCavey
claims that after receiving notice of the arrearage, he
submitted an objection form to the Georgia Department of
Human Services (“DHS”). Allegedly, DHS received
his objection on July 17, 2018. However, McCavey received
notice on July 24, 2018 that DHS would certify the arrearage
with the Georgia State Department.
County, Michigan received and enforced the arrearage and
entered a garnishment order against McCavey. Also, the United
States Secretary of State suspended his passport privileges.
McCavey claims that the loss of his passport resulted in loss
of pay and employment.
McCavey filed his complaint only against DHS. DHS filed a
motion to dismiss on March 3, 2019 for lack of personal
jurisdiction. McCavey filed a response and a first amended
complaint on March 11, 2019. The amended complaint added the
Commissioner of Georgia DHS Robyn Crittendon, who replaced
Interim Commissioner Geralda B. Hines, also named in the
amended complaint. McCavey also added a 42 U.S.C.A.
§1983 claim. Under this claim, McCavey alleges he was
denied a hearing in Georgia about the arrearage. McCavey
alleges that defendants Hines and Crittendon “directed
policies or unofficial policies to exclude hearings that are
required under federal law, ” to conduct interstate
child support enforcement.
March 19, 2019, Defendants filed a motion to dismiss the
first amended complaint. McCavey responded to the motion,
filed a second amended complaint, and filed a motion for
leave to amend the complaint a second time.
argue that the Court lacks personal jurisdiction because they
did not have minimal contacts with Michigan and exercising
jurisdiction over them would violate due process.
courts require both personal jurisdiction over the parties
and subject matter jurisdiction. If either is lacking, the
case cannot proceed in federal court.
practice among courts is to leniently review pro se
litigants' claims. However, leniency is not an excuse to
ignore the law. A litigant has an opportunity to amend his
complaint once as a matter of course. Fed R. Civ. P.
15(a)(1). Subsequent amendments require consent from the
opposing party or leave of the court. Fed.R.Civ.P. 15(a)(2).
However, courts can deny leave to amend a complaint for
repeated failures to cure deficiencies in prior amendments or
futility of the amendment. Foman v. Davis, 371 U.S.
178, 182 (1962).
McCavey's first attempt at amending his complaint, nor
his second attempt allege facts that establish the