Opinion
Civil Action 24-1782
05-01-2024
AVERY J. HARDAWAY v. PHILADELPHIA POLICE 22ND-23RD, TEMPLE UNIVERSITY MINI POLICE STATION, ACME MARKETS, and INSOMNIA COOKIES
ORDER
Kearney, J.
AND NOW, this 1st day of May 2024, upon reviewing the pro se Complaint (ECF No. 1) after granting leave to proceed without paying filing fees (ECF No. 5) consistent with our obligations to screen under 28 U.S.C. § 1915(e)(2)(B)(ii), noting Plaintiff identifies the basis for our jurisdiction as a federal question and diversity jurisdiction based on conduct involving an alleged assault at a supermarket but failing to plead our limited subject matter jurisdiction as we lack diversity and the Plaintiff does not identify a federal question, and for reasons in today's accompanying Memorandum, it is ORDERED the Complaint (ECF No. 1) is DISMISSED for lack of subject matter jurisdiction with leave to file an amended Complaint if Plaintiff can plead a federal question under the Law in an amended Complaint filed no later than May 24, 2024 or j we will then direct the Clerk of Court to close this case without prejudice to timely seek relief in state court.