United States District Court, E.D. Virginia, Richmond Division
Robert E. Payne Senior United States District Judge
This matter is before the Court on Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(b)(1), 12(b)(5) AND 12(b)(6) (Docket No. 6). For the reasons stated below, Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(b)(1), 12(b)(5) AND 12(b)(6) (Docket No. 6) will be granted in part and denied, as moot, in part.
A. Moore's Complaint
Leo Moore ("Moore") alleges that the Commonwealth's Department of Social Services ("the Department") deprived him of due process of law by enforcing a child support order against him, as well as taking away his driver's license when he failed to pay the ordered child support. (Docket No. I). In July 2015, Moore sent an "administrative affidavit of specific negative averment, opportunity to cure and counterclaim" to the Department's Division of Child Support Enforcement ("the Division"). (Docket No. 1, Ex. 1). Moore made several assertions:
(1) (A) The Division violated the Constitution by demanding Federal Reserve Notes rather than gold and silver, in violation of U.S. Const. Art. I, § 10; (B) the Division does not have authority over Moore, a sovereign under Yick Wo v. Hopkins, 118 U.S. 356 (1886); and (C) Moore was harmed when the Division had the DMV revoke Moore's driver's license for failure to pay.
(2) The Division, a fictitious entity, has no jurisdiction over Moore absent a contract between the Division and Moore.
(3) (A) The Division deprived Moore of life, liberty, and property without due process of law, and (B) Moore is "not bound by any institutions formed by his fellowmen without his consent."
(4) The Division is an artificial entity, and can only interact with other artificial entities (and not with Moore, a person).
(5) By taking Moore's money and his driver's license, the Division damaged Moore's "ability to fulfill the contract I have with my child, " a constitutional right.
(Docket No. 1, 1-3) . Moore demanded that the Department and the Division refund all money taken and restore his driver's license as part of a "contract in admiralty." (Docket No. 1, 3).
In July 2015, the Newport News Department of Human Services forwarded Moore's demand to the Division. (Docket No. 1, Ex. 1, 3) . It is unclear whether the Division took any action on the basis of that demand.
Moore filed his "Administrative Affidavit" in this Court, where the Clerk filed it on August 26, 2015. (Docket No. 1).
Moore's Administrative Affidavit refers several times to a suit dismissed against him. (Docket No. 1). Based on the Commonwealth's filings, it appears that:
(1) On September 12, 2003, the Division of Child Support Enforcement entered an administrative child support order; on October 12, 2012, the Division issued a modified administrative support order. (Docket No. 7, Ex.1).
(2) In October 2013, the Newport News Juvenile and Domestic Relations District Court issued a show cause summons against Moore for failure to pay support (Docket No. 7, Ex. 2) . The matter was continued in October 2013 and January 2014 and dismissed in April 8, 2014 (Docket No. 7, Ex 2) .
(3) In October 2013, Moore requested a reduction in his support order (Docket No. 7, Ex. 1) . The disposition of this action is unclear.
(4) In October 2014, Moore filed a Motion to Amend or Review Order, requesting removal of arrears and restoration of his driving privileges, on the grounds that his "due process rights were violated" by an administrative order "carried out" and "enforced" without an opportunity for him to speak in front of a judge (Docket ...