Decker v. Everest National Insurance, Co.

Full title: DAVID DECKER v. EVEREST NATIONAL INSURANCE CO

Court: United States District Court, E.D. Pennsylvania

Date published: Dec 11, 2003

CIVIL ACTION NO. 03-6498 (E.D. Pa. Dec. 11, 2003)

Opinion

CIVIL ACTION NO. 03-6498

December 11, 2003

MEMORANDUM AND ORDER

JOHN FULLAM, Senior District Judge

The pro se plaintiff, David Decker, has presented this Court with a complaint, naming as defendant the Everest National Insurance Company. The complaint is accompanied by a motion for leave to proceed in forma pauperis, and a motion for the appointment of counsel.

The complaint, in its entirety, reads as follows:

"Plaintiff is basing this complaint from public records. Included but not limited to the following allegations: BAD FAITH, MEDICAL MALPRACTICE, RACKETEERING/RICOH ACT VIOLATIONS, CRIMINAL NEGLIGENCE WITH INTENT TO HARM, ILLEGAL SURVEILLANCE, and CIVIL RIGHTS VIOLATIONS.

"PLAINTIFF IS SEEKING PUNITIVE DAMAGES TO BE AWARDED BY JURY."

In the accompanying motion for appointment of counsel, there are references to plaintiff's having been injured "from a two story fall, and documented life threatening incidents and medical complications will continue unless UNITED STATES COURT appoints counsel for plaintiff based on emergic medical relief." Attached are an illegible letter from a doctor, and incomprehensible medical records and bills.

Since it is impossible to determine what claims plaintiff wishes to assert, against what persons or entities, it is equally impossible to determine whether this Court has subject-matter jurisdiction over whatever grievances plaintiff may wish to present. Plaintiff would be well advised to consult an attorney (if he cannot afford an attorney, the Bucks County Bar Association maintains a Legal Aid Service which may be of help). The pending motions, and plaintiff's proposed complaint, will be dismissed, without prejudice to the filing of a comprehensible complaint if the facts warrant and if this Court does have jurisdiction. If plaintiff is unable to obtain the assistance of a lawyer, he should, at the very least, consult some responsible adult capable of explaining what plaintiff is trying to achieve.

An Order follows.

ORDER

AND NOW, this ___ day of December 2003, IT IS ORDERED

That plaintiff's "complaint," and "motion for the appointment of counsel" are DISMISSED, without prejudice as set forth in the accompanying Memorandum.