Goldstein v. Moatz

With great respect, I dissent. Although purported constitutional violations provide the sole ground for federal jurisdiction here, Goldtein’s complaint utterly fails to allege facts giving rise to any constitutional violation. It thus fails to state a claim on which relief can be granted. Accordingly, we should remand this case so that the district court can dismiss it pursuant to Fed.R.Civ.P. 12(b)(6).1

*221Even ascertaining the parameters of Goldstein’s asserted constitutional claim presents a challenge. His 33-page, 113-paragraph, complaint barely mentions the purported constitutional violation…