Harrison v. Terry

Full title: ROCHELLE HARRISON, ET AL. Plaintiff, v. DARLENE TERRY, ETAL. Defendant

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

Date published: Sep 13, 2004

Civil Action No. 04-4198 (E.D. Pa. Sep. 13, 2004)

Opinion

Civil Action No. 04-4198.

September 13, 2004

ORDER

JAN DuBOIS, District Judge

AND NOW, this 13^th day of September, 2004, in accordance with the accompanying Memorandum, IT IS ORDERED that:

1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915; and,

2. Plaintiff's Complaint is DISMISSED pursuant to 28 U.S.C. § 1915 and Federal Rule of Civil Procedure 12(b)(1) on the ground that the Court lacks subject matter jurisdiction. The dismissal is WITHOUT PREJUDICE to plaintiff's right to proceed in a state court with subject matter jurisdiction and jurisdiction over the defendant.¹

1 The Court notes that one of the documents attached to the Complaint is a letter from Sara Margolis, Environmental Supervisor, City of Philadelphia, Department of Public Health, Division of Early Childhood, Youth, and Women's Health, dated July 7, 2004, in which she provided some guidance to plaintiff. For that reason, the Court directs that the Deputy Clerk serve Ms. Margolis with copies of the Complaint with attached papers and this Order.