Opinion
No. C 03-0465 MMC
February 26, 2003
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; DISMISSING ACTION WITHOUT PREJUDICE
Before the Court is plaintiffs' application to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), when a party seeks to proceed in forma pauperis, the court shall dismiss the case if the court determines that the plaintiff fails to state a claim upon which relief can be granted. A plaintiff fails to state a claim when the court lacks jurisdiction over the subject matter of the complaint.See Fed.R.Civ.P. 12(b)(1).
Pursuant to Rule 8 of the Federal Rules of Civil Procedure, plaintiffs were required to provide in their complaint a "statement of the grounds upon which the court's jurisdiction depends." See Fed.R.Civ.Proc. 8(a)(1). Plaintiffs' complaint fails to comply with this requirement, and there is nothing in the complaint to suggest they would be able to do so. Plaintiffs, both of whom are citizens of California, allege state law claims for personal injury and breach of contract against a local defendant.
The Court takes judicial notice of the fact that defendant East Bay Paratransit is an organization consisting of the Alameda-Contra Costa County Transit District ("AC Transit") and the Bay Area Rapid Transit District ("BART"), both of which entities are citizens of the state of California.
Accordingly, plaintiffs' complaint is hereby DISMISSED without prejudice to plaintiffs' refiling their complaint in state court.
In light of the dismissal, plaintiffs' application to proceed in forma pauperis is DENIED.
This order closes Docket No. 2.
The Clerk shall close the file.
IT IS SO ORDERED.