Opinion
Cause No. CV 20-69-H-SEH
09-18-2020
STEPHEN P. KELLY, Plaintiff, v. ROBIN LaFLEUR, Defendant.
ORDER
Plaintiff Kelly moves to proceed in forma pauperis with an action alleging: (1) "racketeering and corruption"; (2) "fraud with intent"; (3) "fraudulent withholding of service information, address"; (4) "civil (RICO)"; and (5) "conspiracy." These allegations arise from a contract for sale of and title to a motor vehicle.
See Compl. (Doc. 2) at 2 ¶ 1, 4 ¶ 7.
See id. at 8-9 ¶¶ 14-17.
Kelly is unable to pay the costs of the action. The filing fee is waived.
Doc. 1; see 28 U.S.C. §§ 1914(a), 1915(a)(1).
A federal court has jurisdiction over disputes involving federal questions. Kelly does not allege a "fraud" that supports a claim under the Racketeer-Influenced and Corrupt Organizations Act.
See 28 U.S.C. § 1331.
See Compl. at 14 ¶ 23; 18 U.S.C. § 1961(1).
A federal court has jurisdiction over disputes between citizens of different states if the amount in controversy is $75,000 or more. The dispute here does not meet diversity requirements.
See 28 U.S.C. § 1332(a)(1), (b).
See Compl. at 4 ¶¶ 8-9, 8 ¶¶ 14-15.
There is no basis for federal jurisdiction grounded in a defendant's "concealment" of their address for service.
See id. at 13 ¶ 22, 14 ¶ 24.
As Kelly's allegations preclude federal jurisdiction, the case is dismissed.
ORDERED:
1. Kelly's motion to proceed in forma pauperis is GRANTED.
Doc. 1.
2. This action is DISMISSED for lack of federal jurisdiction.
3. The clerk shall enter, by separate document, a judgment of dismissal.
4. Any appeal would not be taken in good faith.
See Fed. R. App. P. 24(a)(3)(A), (4)(B). --------
DATED this 18th day of September, 2020.
/s/_________
Sam E. Haddon
United States District Court