Summary
holding that where there is "no subject matter jurisdiction" in forma pauperis actions "must be dismissed pursuant to 28 U.S.C. § 1915(e)(B)"
Summary of this case from Mack v. Commonwealth of MassachusettsOpinion
No. 01 C 8235
October 30, 2001
MEMORANDUM OPINION
Before the court is plaintiff Geraldine Bolden's request to proceed in forma pauperis. We deny leave to file because we lack subject matter jurisdiction over this dispute.
Bolden, a resident of Aurora, Illinois, filed this lawsuit against her landlord, Acquiport/Aurora Crossing, L.P.; its management company, AMLI at Fox Valley ("AMLI"); and Allison Mixa, an agent of AMLI. The action arises out of the eviction proceedings currently pending against Bolden in state court.
The complaint invokes the court's federal question jurisdiction; plaintiff alleges that we have subject matter jurisdiction because defendants have violated her civil rights. However, such claims require allegations that plaintiff was deprived of her rights by a party acting under the color of state law. See, e.g., 42 U.S.C. § 1983. It does not appear that the private defendants here were acting under the color of state law when entering into the lease with plaintiff and subsequently commencing eviction proceedings, as described in the complaint. Therefore, federal question jurisdiction is lacking. Diversity jurisdiction is also lacking here because apparently plaintiff and defendants are all Illinois citizens, and plaintiff's allegations do not establish that she meets the $75,000 amount-in-controversy jurisdictional requirement for a federal action based on diversity of citizenship. See 28 U.S.C. § 1332(a).
Because we have no subject matter jurisdiction, this case must be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). Plaintiff may have a state law claim, but she does not appear to have a federal law claim. Accordingly, we deny plaintiff leave to proceed in forma pauperis, and both the Complaint and this action are dismissed. Bolden's "emergency motion for a stay" is therefore denied as moot.