Opinion
CAUSE NO. 2:13-CV-190 RM
06-05-2013
ROBERT SZANYI, Plaintiff, v. STATE OF INDIANA, et al., Defendants.
OPINION AND ORDER
Robert Szanyi, a pro se plaintiff, filed case initiating documents titled, "Motion for Judicial Review," and "Motion to Appeal," along with a motion for leave to proceed in forma pauperis. (DE 1-3.) Under the in forma pauperis statute, the court must screen the complaint and dismiss if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief, 28 U.S.C. § 1915(e)(2)(B).
It is apparent from Robert Szanyi's filings that he is trying to seek judicial review of a determination by the Indiana Family and Social Services Administration regarding his eligibility for state Medicaid benefits. (See DE 1 at 7.) He has filed in the wrong court. Indiana provides for judicial review of such determinations in its courts. IND. CODE § 4-21.5-5-1; see also Evans v. State of Indiana, 908 N.E.2d 1254 (Ind. App. Ct. 2009) (deciding petition for review filed by state medicaid claimant). Federal courts are courts of limited jurisdiction, Northeastern Rural Elec. Membership Corp. v. Wabash Valley, 707 F.3d 883, 890 (7th Cir. 2013), and there is no federal vehicle by which Mr. Szanyi can seek judicial review of a state agency decision regarding his eligibility for a state program. Accordingly, his complaint will be dismissed, but the dismissal will not prevent him from pursuing whatever remedies he may have available in state court.
For these reasons, the motion for leave to proceed in forma pauperis (DE 3) and motion to appeal (DE 2) are DENIED, and the complaint (DE 1) is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B).
SO ORDERED
Robert L. Miller , Jr.
Judge
United States District Court