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Lewis v. Venmo

United States District Court, Eastern District of California
Jun 3, 2022
2:22-cv-00856 KJM CKD (PS) (E.D. Cal. Jun. 3, 2022)

Opinion

2:22-cv-00856 KJM CKD (PS)

06-03-2022

DERRICK JEROME LEWIS, Plaintiff, v. VENMO, et al., Defendants.


ORDER

CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE

Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 302(c)(21).

Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).

The federal in forma pauperis statute authorizes federal courts to dismiss a case if the action is legally “frivolous or malicious, ” fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

Here, plaintiff's brief and conclusory allegations do not state a federal claim against any defendant. The federal courts are courts of limited jurisdiction. In the absence of a basis for federal jurisdiction, plaintiff's claims cannot proceed in this venue. Because there is no basis for federal subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause why this action should not be dismissed. Failure to allege a proper basis for subject matter jurisdiction will result in a recommendation that the action be dismissed.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request to proceed in forma pauperis (ECF No. 2) is granted;

2. No later than June 20, 2022, plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction.


Summaries of

Lewis v. Venmo

United States District Court, Eastern District of California
Jun 3, 2022
2:22-cv-00856 KJM CKD (PS) (E.D. Cal. Jun. 3, 2022)
Case details for

Lewis v. Venmo

Case Details

Full title:DERRICK JEROME LEWIS, Plaintiff, v. VENMO, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 3, 2022

Citations

2:22-cv-00856 KJM CKD (PS) (E.D. Cal. Jun. 3, 2022)