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- ilnd;;1:19-cv-01754_de4 RegisterActionDate "2019-03-14" @default.
- ilnd;;1:19-cv-01754_de4 RegisterActionDescriptionText "ORDER : Plaintiff's motion to proceed in forma pauperis 3 is granted, but his complaint 1 is dismissed without prejudice for lack of subject matter jurisdiction. The Court must sua sponte review Plaintiff's complaint to ensure that the Court has subject matter jurisdiction over the claims asserted. See Evergreen Square of Cudahy v. Wisconsin Hous. and Econ. Dev. Auth., 776 F.3d 463, 465 (7th Cir. 2015) ([F]ederal courts are obligated to inquire into the existence of jurisdiction sua sponte."). A federal court's jurisdiction is generally limited to suits that involve causes of action arising under federal law, see 28 U.S.C. § 1331, or are between citizens of different states, see 28 U.S.C. § 1332. The complaint does not appear to give rise to any federal cause of action. Plaintiff does not allege, for example, that the police unlawfully searched his car (indeed, Plaintiff acknowledges that he consented to the search) or that they subsequently held him without probable cause to believe he had committed a crime. Rather, Plaintiff appears to attempt to assert a state-law products liability claim based on the allegedly defective field test drug kit ("I was locked up for a Class A misdemeanor for 4 mths because of an faulty Field Test Drug kit"). But Plaintiff has not made any allegations that there is complete diversity of citizenship between him and the defendants or that the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332. Plaintiff is granted leave to file an amended complaint by 4/15/19, if he can in good faith allege facts that will establish this Court's jurisdiction. Absent timely filing of an amended complaint, this case will be dismissed with prejudice in this Court. Dismissal of this case, however, will not preclude Plaintiff from asserting any claim he may have under state law in the state court. Signed by the Honorable John J. Tharp, Jr on 3/14/2019. Mailed notice (mc, ) (Entered: 03/14/2019)" @default.
- ilnd;;1:19-cv-01754_de4 AdministrativeID "7" @default.
- ilnd;;1:19-cv-01754_de4 hasReferenceToOtherEntry ilnd;;1:19-cv-01754_de0 @default.
- ilnd;;1:19-cv-01754_de4 hasReferenceToOtherEntry ilnd;;1:19-cv-01754_de2 @default.