Opinion
CIVIL ACTION NO. 02-2536 SECTION "L" (4)
January 29, 2003
ORDER REASONS
Before the Court is the Plaintiff's motion for default judgment. For the following reasons, the Plaintiff's motion is DENIED and the case is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.
Plaintiff filed this suit pro se against the Defendant, Vivian Johnson, seeking $1,807.00 that he claims the Defendant owes him. Plaintiff's petition asserts that he rented property from the Defendant and furnished money to the Defendant for various expenses. Plaintiff labeled his complaint as a complaint under the Civil Rights Act, 42 U.S.C. § 1983.
A complaint under 42 U.S.C. § 1983 must allege state action in order to state a claim. Howard v. Lemmons, 547 F.2d 290 (5th Cir. 1977). The Plaintiff's complaint in this case does not allege any state action. Accordingly, this Court finds that the Plaintiff has failed to state a claim for which it has jurisdiction and the case must be dismissed. Fed.R.Civ.P. 12(h)(3).
III. CONCLUSION
For the foregoing reasons, Plaintiff's motion for default judgment is DENIED and Plaintiff's suit against Defendant is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.