From Casetext: Smarter Legal Research

CART v. KUNSELMAN

United States District Court, N.D. Ohio
Dec 14, 2007
CASE NO. 1:07 CV 3654 (N.D. Ohio Dec. 14, 2007)

Opinion

CASE NO. 1:07 CV 3654.

December 14, 2007


MEMORANDUM OF OPINION AND ORDER


On November 26, 2007, plaintiff pro se Stephan Wayne Cart filed this action against Gregory Kunselman, identified as "`City METRO officer — Sergeant' city of Washington, District of Columbia . . ." The document initiating this case is entitled: " Libel of Review — common law counterclaim in admiralty — notice lis pendens and — verified statement of right — Re: God-given unalienable rights in original estate — Article III; Constitution." The aforesaid document does not contain allegations intelligible to this court.

Principles requiring generous construction of pro se pleadings are not without limits. Beaudett v. City of Hampton, 775 F.2d 1274, 1277 (4th Cir. 1985). Given the most liberal construction, the document filed by plaintiff does not contain allegations remotely suggesting he might have a valid federal claim, or setting forth a reasonable basis for jurisdiction. This action is therefore appropriately subject to summary dismissal.Apple v. Glenn, 183 F.3d 477 (6th Cir. 1999); see Hagans v. Lavine, 415 U.S. 528, 536-37 (1974) (citing numerous Supreme Court cases for the proposition that attenuated or unsubstantial claims divest the district court of jurisdiction); In re Bendectin Litig., 857 F.2d 290, 300 (6th Cir. 1988) (recognizing that federal question jurisdiction is divested by unsubstantial claims).

Accordingly, this action is dismissed.

IT IS SO ORDERED.


Summaries of

CART v. KUNSELMAN

United States District Court, N.D. Ohio
Dec 14, 2007
CASE NO. 1:07 CV 3654 (N.D. Ohio Dec. 14, 2007)
Case details for

CART v. KUNSELMAN

Case Details

Full title:STEPHAN WAYNE CART, Plaintiff, v. GREGORY KUNSELMAN, Sgt., Defendant

Court:United States District Court, N.D. Ohio

Date published: Dec 14, 2007

Citations

CASE NO. 1:07 CV 3654 (N.D. Ohio Dec. 14, 2007)