United States District Court, N.D. California
August 3, 2004.
VANCE ELLIOTT, Plaintiff,
RALI WEAVER, Defendant.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS
AND DISMISSING ACTION WITH LEAVE TO REFILE IN STATE COURT
Before the Court is plaintiff Vance Elliott's ("Elliott")
application to proceed in forma pauperis in the
above-titled action. Arguably, Elliott has stated a claim against
defendant Rali Weaver under state law for conversion of Elliott's
briefcase, although the Court does not decide the matter. Elliott
has not stated any federal claim, however, nor has he alleged any
basis for federal jurisdiction over this action. Further, it does
not appear that Elliott could cure this pleading deficiency by
amending his complaint. Consequently, the Court finds that it
lacks subject matter jurisdiction over Elliott's complaint. See
28 U.S.C. § 1331, 1332.
Accordingly, Elliott's application to proceed in forma pauperis
is hereby DENIED, and the action is hereby DISMISSED, without
prejudice to Elliott's refiling the action in state court.
The Clerk shall close the file.
IT IS SO ORDERED.
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