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Schaub v. Cox

United States District Court, District of Montana, Great Falls Division

November 4, 2014

ROBERT A. SCHAUB, Plaintiff,
v.
LACEY CYNTHIANN COX, Defendant

Robert A. Schaub, Plaintiff, Pro se, Havre, MT.

ORDER AND FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Keith Strong, United States Magistrate Judge.

Plaintiff Robert Schaub has filed a proposed Complaint and a Motion to Proceed in Forma Pauperis. Docs. 1-2. Mr. Schaub seeks to collect $1, 400.00 from Defendant. Doc. 2. The Motion to Proceed in Forma Pauperis will be granted, but the Complaint should be dismissed with prejudice because the Court does not have jurisdiction over Mr. Schaub's claim.

Motion to Proceed in Forma Pauperis

Mr. Schaub submitted an account statement sufficient to make the showing required by 28 U.S.C. § 1915(a). Doc. 1. Mr. Schaub may proceed in forma pauperis. 28 U.S.C. § 1915(a).

Jurisdiction

Jurisdiction is lacking. The Court does not have jurisdiction under 28 U.S.C. § 1331, federal question, because Mr. Schaub failed to allege a violation of a federal right. There is no diversity jurisdiction under 28 U.S.C. § 1332 because there is no diversity of citizenship and the amount in controversy is less than $75, 000.

Pre-screening

Because Mr. Schaub is proceeding in forma pauperis, the Court has a duty to screen his Complaint. 28 U.S.C. § 1915(e)(2). The Court must identify cognizable claims, or dismiss the complaint, or any portion of the complaint, if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § § 1915(e)(2), 1915A. This is that review.

Mr. Schaub seeks to enforce a Hill County Justice Court judgment via this action. Doc. 2. This Court does not have jurisdiction over his claim. This is not a defect that could be cured by amendment. As such, the Complaint should be dismissed with prejudice.

Conclusion

Mr. Schaub's Motion to Proceed in Forma Pauperis will be granted. His Complaint should be dismissed because the Court does not have jurisdiction over his claim.

Certification Regarding Appeal

The Federal Rules of Appellate Procedure ...


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