3:25-cv-01765•MUHAMMED v. PATHWARD NA
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ABDULLAH MUHAMMED, Plaintiff, vs. Case No.: 3:25cv1765/MCR/ZCB PATHWARD, N.A., Defendant. / REPORT AND RECOMMENDATION Plaintiff, proceeding pro se and in forma pauperis, has filed an amended complaint. (Doc. 8). On November 18, 2025, the Court ordered Plaintiff to show cause, within fourteen days, why this case should not be dismissed for lack of subject matter jurisdiction. (Doc. 11). Plaintiff has responded to the show cause order. (Doc. 12). Dismissal is warranted for the reasons explained below. “Federal courts . . . are courts of limited jurisdiction.” Wu v. Liu, 131 F.4th 1295, 1298 (11th Cir. 2025) (cleaned up). If a federal court “determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3). Federal subject matter jurisdiction is based upon either federal question or diversity jurisdiction, or jurisdiction under a specific statutory grant. See 28 Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 1 of 14
2 U.S.C. §§ 1331, 1332; Wilson v. Hearos, LLC, 128 F.4th 1254, 1260 (11th Cir. 2025). Federal question jurisdiction exists when an action arises under federal law. 28 U.S.C. § 1331. Actions arise under federal law “when a federal question is presented on the face of the plaintiff’s properly pleaded complaint.” Schleider v. GVDB Operations, LLC, 121 F.4th 149, 155-56 (11th Cir. 2024). This “well-pleaded complaint rule means that a federal question is ‘presented’ when the complaint—on its face—invokes federal law as the basis for relief.” Id. at 156. Claims based on state law generally do not confer federal question jurisdiction. See Dunlap v. G&L Holding Grp., Inc., 381 F.3d 1285, 1290 (11th Cir. 2004). A second way to invoke federal subject matter jurisdiction is through diversity jurisdiction. Diversity jurisdiction exists when the parties are residents of different states and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). “[T]he plaintiff’s amount-in- controversy allegation is accepted if made in good faith.” Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 87 (2014). “Diversity jurisdiction requires complete diversity; every plaintiff must be diverse from every defendant.” Hensley v. Hartford Cas. Ins. Co., 113 F.4th 1327, 1332 (11th Cir. 2024). Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 2 of 14
3 The burden to establish federal subject matter jurisdiction rests on the party asserting it. Lowery v. Alabama Power Co., 483 F.3d 1184, 1207 (11th Cir. 2007). Before dismissing a case for lack of subject matter jurisdiction, the court should provide the plaintiff with notice and an opportunity to respond. Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1248 (11th Cir. 2015). Plaintiff’s amended complaint provides no basis for federal subject matter jurisdiction. Regarding jurisdiction, Plaintiff states that Defendant “is a federally chartered financial institution with operations in Florida and corporate headquarters in South Dakota, subject to federal jurisdiction and venue” in the Northern District of Florida. (Doc. 8 at 1). As to federal question jurisdiction, Plaintiff’s amended complaint provides no basis to conclude that this action arises under federal law as required by 28 U.S.C. § 1331. The only federal law referenced in Plaintiff’s amended complaint is “Section 29 of the Federal Reserve Act.” (Doc. 8 at 1, 2). But “Section 29 of the Federal Reserve Act does not provide [Plaintiff] with a cause of action.” White v. Lake Union Ga Partners LLC, No. 1:23-CV-02852-VMC, 2023 WL 6036842, at *2 (N.D. Ga. July 14, 2023) (collecting cases and dismissing for lack of subject matter jurisdiction). And Plaintiff’s vague references to “breach of Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 3 of 14
4 fiduciary duty” and “commercial dishonor” similarly do not implicate federal question jurisdiction. See Bracciale v. Valdez, No. 8:17-CV-2040- T-36AEP, 2017 WL 4117806, at *4 (M.D. Fla. Sept. 18, 2017) (“[T]he elements of a claim for breach of fiduciary duty [in Florida] are: the existence of a fiduciary duty, and the breach of that duty such that it is the proximate cause of the plaintiff’s damages. It does not appear that [this] claim[] requires the application of federal law. A federal issue is therefore not ‘necessarily raised’ by the Complaint.”); see also Dickerson v. Nahra, No. 809-CV-963-T-17TGW, 2010 WL 746707, at *6 (M.D. Fla. Mar. 2, 2010) (“While the violation of federal regulations may be evidence of the breach of fiduciary duty under substantive principles of state law, the breach of fiduciary duty claim remains a state law claim.”). Although not invoked in Plaintiff’s amended complaint, Plaintiff cited to 28 U.S.C. § 1348 in his initial complaint as a basis for federal subject matter jurisdiction. (Doc. 1 at 1). Section 1348 provides that: The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by such chapter. Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 4 of 14
5 As originally written, § 1348 provided federal jurisdiction based solely on the fact that a national bank was a party to a case. See Wachovia Bank v. Schmidt, 546 U.S. 303, 309-10 (2006) (“When Congress first authorized national banks in 1863, it specified that any ‘suits, actions, and proceedings by and against them could be had in federal court. National banks thus could sue and be sued in the federal . . . courts solely because they were national banks, without regard to diversity, amount in controversy or the existence of a federal question in the usual sense.”) (cleaned up). But importantly, “Congress ended national banks’ automatic qualification for federal jurisdiction in 1882.” Id. at 310. Since the late 1800s, Congress has limited “the access of national banks to, and their suitability in, the federal courts to the same extent to which non-national banks were so limited.” Id. at 311 (cleaned up). “State banks, however, like other state-incorporated entities, could initiate actions in federal court only on the basis of diversity of citizenship or the existence of a federal question.” Id. at 310. Today, therefore, jurisdiction may only be invoked under § 1348 in the enumerated types of cases therein or if there is a separate independent basis for federal jurisdiction. See S. Elec. Steel Co. v. First Nat. Bank of Birmingham, 515 F.2d 1216, 1217 (5th Cir. 1975) (“Moreover, 28 U.S.C. s 1348, which does Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 5 of 14
6 confer jurisdiction on the federal courts with regard to certain suits involving national banks, clearly was intended to forbid the entertaining of this type of action merely because the bank is federally chartered; to maintain a claim in federal court the plaintiff must plead diversity of citizenship, 28 U.S.C. s 1332, federal question jurisdiction, 28 U.S.C. s 1331, or some other independent jurisdictional base . . . .”).1 Here, there is nothing indicating that Plaintiff’s case was “commenced by the United States, or by direction of any officer thereof[.]” 28 U.S.C. § 1348. Nor is this a “civil action to wind up the affairs of” Defendant. Id. Accordingly, Plaintiff’s action does not fall within the specific grants of jurisdiction set forth in § 1348, and he must provide an independent basis of jurisdiction. See S. Elec. Steel Co., 515 F.2d at 1217. As shown above, Plaintiff has not provided a basis for federal question jurisdiction. Thus, the Court turns to diversity jurisdiction. As to diversity jurisdiction, Plaintiff alleges that he is a resident of Pensacola, Florida. (Doc. 8 at 1). Plaintiff alleges that Defendant is a “federally chartered financial institution with operations in Florida and 1 “Decisions of the former Fifth Circuit issued prior to the close of business on September 30, 1981, are ‘binding as precedent in the Eleventh Circuit.’” United States v. Carter, 158 F.4th 1319, 1335 n.1 (11th Cir. 2025) (citation omitted). Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 6 of 14
7 corporate headquarters in South Dakota.” (Id.). National banks like Defendant are “deemed citizens of the States in which they are respectively located.” 28 U.S.C. § 1348. The Supreme Court has stated that “a national bank, for § 1348 purposes, is a citizen of the State in which its main office, as set forth in its articles of association, is located.” Wachovia Bank, 546 U.S. at 307. Since Defendant’s corporate headquarters are in South Dakota (Doc. 8 at 1),2 it is a citizen of South Dakota and is diverse from Plaintiff who is a citizen of Florida. To invoke jurisdiction under § 1332, however, a Plaintiff must also show an amount in controversy in excess of $75,000. 28 U.S.C. § 1332(a). Though not entirely clear, Plaintiff appears to allege that Defendant failed to complete a “transfer of intangible property and credits” belonging to Plaintiff to a different bank account. (Doc. 8 at 1). Plaintiff also appears to want to “close the account” and receive a “new access device” so he can access “the intangible property held in trust.” 2 See also https://banks.data.fdic.gov/bankfind- suite/bankfind/details/30776 (showing Defendant’s corporate headquarters in Sioux Falls, South Dakota); see also Am. Senior Servs. of CA, Inc. v. Wells Fargo Bank, N.A., No. 8:15-CV-1804-T-35AEP, 2015 WL 12915729, at *3 (M.D. Fla. Nov. 23, 2015) (stating that the defendant’s “main office is located in South Dakota” and thus the defendant “is a citizen of South Dakota for purposes of diversity jurisdiction”). Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 7 of 14
8 (Id. at 1, 2). For relief, Plaintiff seeks equitable relief including a transfer of property and a new “access device,” unspecified “damages for delay harm, and breach of fiduciary duty,” and $50,000 in “emergency fiduciary funding” to “mitigate ongoing hardship and facilitate lawful remedy.” (Id. at 2). Plaintiff also states that is “willing to accept” $1 million “per day” as “compensation for continued dishonor and delay.” (Id. at 1). A district court does not have to “suspend reality or shelve common sense in determining whether the face of the complaint . . . establishes the jurisdictional amount.” Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744, 770 (11th Cir. 2010). This means a court “cannot ignore the facts of the case or its own insight and experience in determining whether it is ‘facially apparent’ from the pleading itself that the amount in controversy exceeds the jurisdictional minimum.” Drummond Co., Inc. v. Collingsworth, No. 2:11-CV-3695-RDP, 2025 WL 2967093, at *2 (N.D. Ala. Oct. 20, 2025) (cleaned up). Thus, a court “may find, as a matter of fact, that the amount of claimed damages has been projected beyond the amount of a reasonable expectation of recovery” so long as “such a finding . . . rest[s] on facts in the record.” Jordan v. Closet Factory Franchise Corp., No. 24-12229, 2025 WL 1100911, at *5 (11th Cir. Apr. 14, 2025). Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 8 of 14
9 Here, it appears from the face of Plaintiff’s amended complaint that the amount in controversy is less than the $75,000 jurisdictional amount. Plaintiff specifically seeks “emergency fiduciary funding” of $50,000 and indeterminate damages for “delay, harm, and breach of fiduciary duty.” (Doc. 8 at 2). The $50,000 request clearly does not exceed the $75,000 jurisdictional threshold. And Plaintiff’s vague and conclusory allegations do not show that his indeterminate damages are sufficient to meet the jurisdictional threshold.3 See Federated Mut. Ins. Co. v. McKinnon Motors, LLC, 329 F.3d 805, 807 (11th Cir. 2003) (stating that where jurisdiction is based on a claim for indeterminate damages, “the party seeking to invoke federal jurisdiction bears the burden of proving by a preponderance of the evidence that the claim on which it is basing jurisdiction meets the jurisdictional minimum”). 3 Plaintiff’s vague requests to compel Defendant to “transfer the Principal’s intangible property and credits to the designated account and access device” along with his other requests for equitable relief (Doc. 8 at 2) are also not adequate to satisfy the amount in controversy. Reilly v. Amy’s Kitchen, Inc., 2 F. Supp. 3d 1300, 1304 (S.D. Fla. 2014) (“While absolute certainty is neither attainable nor required, the value of declaratory and injunctive relief must be ‘sufficiently measurable and certain’ to satisfy the amount-in-controversy requirement. That requirement is not satisfied if the value of the equitable relief is ‘too speculative and immeasurable.’”) (citations omitted). Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 9 of 14
10 Plaintiff fails to identify or explain what the “intangible property” is that he claims has not been transferred. (Doc. 8 at 1). Plaintiff does not explain what “credits” are being withheld by Defendant. (Id. at 2). Instead, a document Plaintiff filed alongside his amended complaint references Plaintiff having a “Wisely Pay Account” with balances ranging from $0.00 to $80.56 in 2024. (Doc. 8 at 12). And Plaintiff provides no basis or explanation for his willingness to accept $1 million per day “as compensation for continued dishonor or delay.” (Id. at 1). See Burks v. Texas Co., 211 F.2d 443, 446 (5th Cir. 1954) (“In a tort action . . . the amount in controversy is that which the plaintiff in good faith, and upon a reasonable factual basis, seeks to make the defendant pay . . . .”) (emphasis added). Thus, Plaintiff does not appear to have met the jurisdictional requirements set forth in 28 U.S.C. § 1332. Before recommending dismissal for lack of subject matter jurisdiction, the Court provided Plaintiff with notice and an opportunity to respond by way of the show cause order. In response to the show cause order, Plaintiff asserts that federal question jurisdiction exists under 42 U.S.C. § 1983, 12 U.S.C. § 504 (Federal Reserve Act § 29), and “the Electronic Federal Tax Payment System (EFTPS)” which “implicates federal tax administration and fiduciary oversight.” (Doc. 12 at 1). Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 10 of 14
11 Plaintiff also states that diversity jurisdiction exists since the parties are completely diverse and the amount in controversy exceeds $75,000 because Plaintiff is seeking damages of “$1,000,000 per day for breach of fiduciary duty and obstruction of due process” under “Section 29 of the Federal Reserve Act.” (Id.). Plaintiff, therefore, claims $556,000,000 is at issue for 556 days of Defendant allegedly acting unlawfully. (Id.). Plaintiff’s response to the show cause order does nothing to ameliorate the Court’s jurisdictional concerns. As to federal question jurisdiction, Plaintiff’s response to the show cause order provides the Court with no basis to conclude that this case arises under federal law as required by 28 U.S.C. § 1331. First, Plaintiff’s mere reference to 42 U.S.C. § 1983 does not establish federal question jurisdiction because there is no plausible allegation that Defendant—a private bank—acted under color of state law. See Yeh Ho v. Sabocik, 775 F. App’x 551, 554-55 (11th Cir. 2019) (affirming dismissal of § 1983 claim for lack of subject matter jurisdiction where complaint provided no basis to conclude that defendants were state actors). Second, as Plaintiff was told in the show cause order (Doc. 11 at 3- 4), “Section 29 of the Federal Reserve Act does not provide [Plaintiff] with Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 11 of 14
12 a cause of action.” White, 2023 WL 6036842, at *2 (collecting cases and dismissing for lack of subject matter jurisdiction). Lastly, Plaintiff’s vague reference to the “Electronic Federal Tax Payment System” and “federal tax administration” is insufficient to raise a federal question. These references do not cite any specific statutes, nor do they appear to otherwise implicate federal question jurisdiction.4 See Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1261 (11th Cir. 2000) (“Subject matter jurisdiction is conferred and defined by statute. It cannot be created by the consent of the parties . . . nor supplanted by considerations of convenience and efficiency.”) (emphasis added). Turning to diversity jurisdiction, Plaintiff’s response to the show cause order provides the Court with no reasonable basis to conclude that the amount in controversy exceeds $75,000 as required by 28 U.S.C. § 1332. As discussed above, it appears from the face of Plaintiff’s amended complaint that the amount in controversy here is less than $75,000. In 4 See also O’Neal v. Allstate Indem. Ins. Co. Inc., No. 20-14712, 2021 WL 4852222, at *3 (11th Cir. Oct. 19, 2021) (“[T]he mere reference to federal law is insufficient to establish subject matter jurisdiction—the implicated federal issue must be substantial.”) (cleaned up and emphasis in original); Mitchell v. Parham, 357 F.2d 723, 725 (10th Cir. 1966) (stating that a “mere allegation . . . that the cause arises under the Constitution or [federal law] without specific facts is not enough under any standard to pass the jurisdictional hurdle”). Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 12 of 14
13 response to the show cause order, Plaintiff claims damages of $556,000,000 “[p]ursuant to Section 29 of the Federal Reserve Act” for “breach of fiduciary duty and obstruction of due process” (Doc. 12 at 1). Again, however, “Section 29 of the Federal Reserve Act does not provide [Plaintiff] with a cause of action” and thus he cannot recover anything under that statute. White, 2023 WL 6036842, at *2. Additionally, Plaintiff’s response still does not identify what “intangible property and credits” Defendant has failed to transfer or how this alleged inaction plausibly involves damages in excess of $75,000. (Doc. 12 at 1). Thus, Plaintiff has provided no reasonable factual basis in his response or amended complaint to support potential damages exceeding $75,000. Because Plaintiff has failed to meet his burden of showing that this Court has federal subject matter jurisdiction, dismissal is warranted. Accordingly, it is respectfully RECOMMENDED that: 1. This case be DISMISSED without prejudice for lack of subject matter jurisdiction. 2. All pending motions be DENIED as moot. 3. The Clerk of Court be directed to close this case. Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 13 of 14
14 At Pensacola, Florida, this 5th day of December 2025. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Notice To The Parties Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-01765-MCR-ZCB Document 13 Filed 12/05/25 Page 14 of 14
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