Raynor v. Wentz

Full title: LINDA RAYNOR, Plaintiff, v. BILL WENTZ, ET AL, Defendants

Court: United States District Court, W.D. Virginia, Harrisonburg Division

Date published: Oct 28, 2008

Civil Action No. 5:08cv00097 (W.D. Va. Oct. 28, 2008)

Opinion

Civil Action No. 5:08cv00097.

October 28, 2008

MEMORANDUM OPINION

SAMUEL WILSON, District Judge

This is an action by plaintiff, Linda Raynor, pro se, against numerous defendants, including two state court judges, alleging that defendants conspired to liable and slander her and to injure and cause the death of her daughter, Candice Raynor. Plaintiff seeks leave to proceed in forma pauperis. Because nothing in Raynor's complaint suggests a basis for federal jurisdiction over her liable and slander claims, and the administrator of Candice Raynor's estate has filed an action to recover for Candice's personal injuries and wrongful death, Moore v. Harrrisonburg Rockingham Social Services District, 5:08cv00086, the Court dismisses this action without prejudice because Linda Raynor's complaint fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B) (stating that a court may "at any time" dismiss an in forma pauperis claim if the action "fails to state a claim on which relief may be granted").

Accordingly, the Court will dismiss Raynor's complaint without prejudice.