Opinion
Civil Action No. 14-5291 (MAS) (TJB)
08-03-2015
PATRICIA A. RICHARDSON, Plaintiff, v. STARK & STARK, et al., Defendants.
NOT FOR PUBLICATION
MEMORANDUM ORDER ON APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES
This matter comes before the Court on the application of Plaintiff Patricia A. Richardson ("Plaintiff") to proceed without prepayment of fees under 28 U.S.C. § 1915. (Application, ECF No. 1-1.) The Court will grant the application on the strength of Plaintiff's allegation of indigence but dismiss the Complaint (ECF No. 1) for lack of jurisdiction. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.").
Plaintiff asserts a claim for damages against Stark & Stark; Kennedy, Campbell, Lipski & Dochney; Styliades, Jackson & Burghardt ("Defendants") for alleged misconduct during the deposition of an unidentified individual. More specifically, Plaintiff claims that "Defendants knowing[ly] and willing[ly] conspired to execute unethical and unlawful acts of prejudice against me and my eyewitness Richard Hopson." (Compl. 2.) The Complaint's jurisdictional statement provides that "[i]n a deposition [on] March 2, 2010[,] Defendants claimed liability[;] my representative along with Defendants conspired to proceed as if it was a dispute." (Id. at 1.)
Based on these allegations, the Court cannot discern a basis for subject matter jurisdiction in this Court. As a result, Plaintiff's Complaint is dismissed for lack of jurisdiction.
Accordingly,
IT IS, on this 3rd day of August 2015, ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is hereby granted pursuant to 28 U.S.C. § 1915;
2. The Clerk of the Court shall file the Complaint without prepayment of fees or security;
3. The Complaint is dismissed for lack of subject matter jurisdiction; and
4. The Clerk of the Court shall mark this matter CLOSED.
/s/ _________
MICHAEL A. SHIPP
UNITED STATES DISTRICT JUDGE