Matches in SCALES for { <http://schemas.scales-okn.org/rdf/scales#/DocketEntry/ilnd;;1:13-cv-04031_de4> ?p ?o ?g. }
Showing items 1 to 7 of
7
with 100 items per page.
- ilnd;;1:13-cv-04031_de4 RegisterActionDate "2013-06-03" @default.
- ilnd;;1:13-cv-04031_de4 RegisterActionDescriptionText "MINUTE entry before Honorable John J. Tharp, Jr: Plaintiff's motion for leave to proceed in forma pauperis 3 and motion to appoint counsel 4 are denied on the grounds that the complaint, on its face, lacks merit. The complaint is substantially similar to a previous complaint filed by the plaintiff and dismissed without prejudice by the court in 12 C 9375. The plaintiff remedied one of the problems with his prior complaint: this time the complaint is not filed on behalf of an unrepresented plaintiff corporation. However, all of the other grounds for terminating the prior complaint remain. Though the civil cover sheet indicates that the plaintiff asserts federal question jurisdiction, the complaint does not even purport to present a federal claim. Based on the allegations of the complaint, the plaintiff appears to be asserting state law claims, with subject matter jurisdiction founded upon diversity of citizenship pursuant to 28 U.S.C. § 1332. However, the plaintiff fails to allege the citizenship of any party, instead providing only addresses at which the parties can be served with process. The plaintiff fails to allege the citizenship of each of the members of defendant D5A4061 380 Partners, L.P., a limited partnership. The plaintiff also fails to adequately allege the $75,000 jurisdictional minimum. Based on the allegations of the complaint, 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 plaintiff's 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 the two-year statute of limitations for property damage (§ 16.003(a)). If the plaintiff wishes to maintain this lawsuit, he must file an amended complaint by July 3, 2013, addressing these facial defects in the original complaint. In the event that the plaintiff brings an amended complaint, he may re-file his in forma pauperis application and his motion for attorney representation. Mailed notice. (ym, ) (Entered: 06/04/2013)" @default.
- ilnd;;1:13-cv-04031_de4 AdministrativeID "5" @default.
- ilnd;;1:13-cv-04031_de4 OntologyLabel dismiss_without_prejudice @default.
- ilnd;;1:13-cv-04031_de4 OntologyLabel minute_entry @default.
- ilnd;;1:13-cv-04031_de4 hasReferenceToOtherEntry ilnd;;1:13-cv-04031_de2 @default.
- ilnd;;1:13-cv-04031_de4 hasReferenceToOtherEntry ilnd;;1:13-cv-04031_de3 @default.