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Lawrence D. Williams v. Bobby Glenn Wilson

March 16, 2013

LAWRENCE D. WILLIAMS, PLAINTIFF,
v.
BOBBY GLENN WILSON, DEFENDANT.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

FINDINGS AND RECOMMENDATION FOR DISMISSAL OF PLAINTIFF'S ACTION WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION (ECF No. 1)

I. PROCEDURAL HISTORY

OBJECTIONS DUE WITHIN THIRTY (30) DAYS

Plaintiff Lawrence D. Williams ("Plaintiff") initiated this action by filing a pro se Complaint on February 6, 2013. (ECF No. 1.) Plaintiff's Complaint is before the Court for screening.

I. SCREENING REQUIREMENT

The in forma pauperis statute provides that "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii). A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice," Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). While factual allegations are accepted as true, legal conclusion are not. Iqbal, 556 U.S. at 678-679.

III. SUMMARY OF PLAINTIFF'S COMPLAINT

Plaintiff is incarcerated in the Fresno County Jail. Plaintiff names Bobby Glenn Wilson as the sole defendant in this action.

Plaintiff's allegations are as follows: Plaintiff was arrested in October 2011 for assault. (Compl. at 2.) Plaintiff has been incarcerated since then. (Id.) In October 2012, Plaintiff was informed by Citibank that Defendant Wilson had withdrawn Plaintiff's savings under false pretenses. (Compl. at 2.) Defendant Wilson claimed he was hiring an attorney for Plaintiff and took Plaintiff's Social Security money from his savings account. (Id.) Plaintiff wishes to prosecute Defendant Wilson for stealing his savings under false pretenses. (Compl. at 2.)

III. ANALYSIS OF PLAINTIFF'S COMPLAINT

A. Pleading Requirements Generally

A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 1955 (2007). A plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 1949--50.

B. No Subject Matter Jurisdiction

The district court is a court of limited jurisdiction and is not empowered to hear every dispute filed by litigants. See Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005); A--Z Int'l. v. Phillips, 323 F.3d 1141, 1145 (9th Cir. 2003). The district court "possess[es] only the power authorized by Constitution and statute," and may only adjudicate claims raising federal questions or involving parties with diverse citizenship. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994). The federal ...


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