Mustafa Ojonuba Jibrin v. Husseina Jibin Akubakar, al


Case: 19-15187 Date Filed: 05/14/2020 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-15187 Non-Argument Calendar ________________________ D.C. Docket No. 1:19-cv-00155-MW-GRJ MUSTAFA OJONUBA JIBRIN, Plaintiff-Appellant, versus HUSSEINA JIBRIN ABUBAKAR, KATIMA OYIBO, et al., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (May 14, 2020) Before ROSENBAUM, BRANCH, and ANDERSON, Circuit Judges. PER CURIAM: Case: 19-15187 Date Filed: 05/14/2020 Page: 2 of 11 Mustafa Jibrin filed a pro se complaint in the instant case alleging civil rights violations under 42 U.S.C. § 1983. The district court sua sponte dismissed his amended complaint because it was frivolous and failed to state a claim, and implicitly denied his request to amend his complaint a second time. On appeal, Jibrin argues that there was no compelling reason to dismiss his amended complaint and that he should have been granted leave to amend his complaint again. We affirm.1 I. BACKGROUND Because we write only for the benefit of the parties, we recount the background insofar as it is relevant to the decision we reach today. Jibrin, a graduate student at the University of Florida holding an F-1 visa, was married to Husseina Abubakar, who—along with their children—held an F-2 visa. Jibrin alleges that Abubakar and her friend, Katima Oyibo, both of whom are named defendants in this case, conspired to invent a charge of domestic violence against him after he obstructed Abubakar’s plan to illegally remain in the United States. The gist of Jibrin’s allegations, as we understand them, is that Abubakar recorded her conversations with him, fraudulently edited the recording, and used it to file a restraining order against him. He also alleges that defendant Peaceful 1 Because we affirm the district court’s order without oral argument, we DENY AS MOOT Jibrin’s motion to expedite oral argument. 2 Case: 19-15187 Date Filed: 05/14/2020 Page: 3 of 11 Paths, a domestic-violence support organization in Gainesville, Florida, participated in Abubakar’s scheme. And when the University of Florida Police Department arrested Jibrin in response to Abubakar’s complaint, he alleges that they fabricated the charges against him and prevented him from finishing his graduate research work by issuing a trespass order against him. Accordingly, Jibrin initiated the following pro se complaint against Abubakar, Oyibo, Peaceful Paths, the University of Florida, and the UF Police Department. His complaint alleged civil rights violations under § 1983, and he sought both damages and injunctive relief—including, inter alia, Abubakar’s deportation, Oyibo’s repatriation to her country of origin, and that UF provide certain services to its international students and facilitate his participation in research opportunities and grants. He then sought leave to amend his complaint and to proceed in forma pauperis, and intended to add the State of Florida and the “United States Citizenship and Immigration Control” as defendants. The magistrate judge granted Jibrin leave to proceed in forma pauperis, but denied his motion to amend his complaint because he did not sign ...

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