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- ilnd;;1:20-cv-00924_de9 RegisterActionDate "2020-02-25" @default.
- ilnd;;1:20-cv-00924_de9 RegisterActionDescriptionText "ORDER: Plaintiff's motion to proceed in forma pauperis 10 is granted, but his amended complaint 9 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 amended complaint does not appear to give rise to any federal cause of action. Plaintiff alleges sexual harassment and assault by nurses at the hospital and that he was wrongfully detained in the hospital after requesting a free psychological evaluation. Plaintiff admits that he voluntarily visited the hospital, and he provides no other factual basis to explain how these claims can properly invoke the Court's subject matter jurisdiction. Plaintiff has indicated that the Court should consider the complaint to be a Bivens action, but his complaint fails to include any information explaining how the sole defendant, a hospital, qualifies as a Bivens defendant. Similarly, Plaintiff has not made any allegations that there is complete diversity of citizenship between him and the defendant or that the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332. Accordingly, this case is dismissed for lack of subject matter jurisdiction. The dismissal is without prejudice to the filing of Plaintiff's claims in a court that may exercise jurisdiction over them. Civil case terminated. Signed by the Honorable John J. Tharp, Jr on 2/25/2020. Mailed notice. (sxb, ) (Entered: 02/25/2020)" @default.
- ilnd;;1:20-cv-00924_de9 AdministrativeID "11" @default.
- ilnd;;1:20-cv-00924_de9 hasReferenceToOtherEntry ilnd;;1:20-cv-00924_de6 @default.
- ilnd;;1:20-cv-00924_de9 hasReferenceToOtherEntry ilnd;;1:20-cv-00924_de7 @default.