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- ilnd;;1:12-cv-09375_de3 RegisterActionDate "2012-11-27" @default.
- ilnd;;1:12-cv-09375_de3 RegisterActionDescriptionText "MINUTE entry before Honorable John J. Tharp, Jr: Plaintiffs' motion for leave to proceed in forma pauperis 3 is denied, without prejudice, on the grounds that the complaint, on its face, lacks merit. The complaint is dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to establish subject matter jurisdiction and for failure to state a claim. Though the civil cover sheet indicates that the plaintiffs assert federal question jurisdiction, the complaint does not even purport to present a federal claim. Based on the allegations of the complaint, the plaintiffs appear to be asserting state law claims, with subject matter jurisdiction founded upon diversity of citizenship pursuant to 28 U.S.C. § 1332. However, the plaintiffs fail to allege the citizenship of any party, instead providing only addresses at which the parties can be served with process. The plaintiffs fail to allege the state of incorporation and principal place of business of plaintiff Exchequer Financial Group, Inc., a corporation, and the citizenship of each of the members of defendant D5A4061 380 Partners, L.P., a limited partnership. The plaintiffs also fail to adequately allege the $75,000 jurisdictional minimum, in that the facts alleged strongly imply that this dispute does not meet the $75,000 jurisdictional minimum. This case appears to be a dispute over payment of rent for at most several months and to involve payments totaling less than $5,000. In addition, many (or perhaps all) of the plaintiffs' claims appear to be barred by four-year statutes of limitations for breach of contract (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)) and fraud (§ 16.004(a)(4)), and two-year statute of limitations for property damage (§ 16.003(a)). Finally, a corporation is not permitted to litigate in federal court unless it is represented by a lawyer licensed to practice in that court, and a corporation is furthermore not eligible to proceed in forma pauperis. Therefore, if plaintiff Exchequer Financial Group, Inc. wishes to proceed in this litigation it must pay the appropriate filing fee and must accompany any new pleading with an appearance of counsel. If one or both plaintiffs wish to maintain this lawsuit, they must file an amended complaint by December 21, 2012, addressing these facial defects in the original complaint. In the event that plaintiff B0B72F4 brings an amended complaint, he may re-file his in forma pauperis motion, which appears to be adequate but for the facial defects of the complaint. Mailed notice (vcf, ) (Entered: 11/28/2012)" @default.
- ilnd;;1:12-cv-09375_de3 AdministrativeID "4" @default.
- ilnd;;1:12-cv-09375_de3 OntologyLabel dismiss_without_prejudice @default.
- ilnd;;1:12-cv-09375_de3 OntologyLabel minute_entry @default.
- ilnd;;1:12-cv-09375_de3 hasIfpJudgeAttribution SJ000706 @default.
- ilnd;;1:12-cv-09375_de3 hasIfpLabel IFP_APPLICATION @default.
- ilnd;;1:12-cv-09375_de3 hasReferenceToOtherEntry ilnd;;1:12-cv-09375_de2 @default.