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ELLIOTT v. WEAVER

United States District Court, N.D. California


August 3, 2004.

VANCE ELLIOTT, Plaintiff,
v.
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. ยง 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.

20040803

© 1992-2004 VersusLaw Inc.



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