Taylor xxRule 11 Cert Req'dxx v. Electric Mobility Corporation

Filing 4

ORDERED that the claims premised on diversity are dismissed without prejudice; the federal question claims are dismissed with prejudice and this case is dismissed in its entirety. Signed by Judge Mark E. Fuller on 5/11/05. (Attachments: # 1 Civil Appeals Checklist)(sl, )

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Taylor xxRule 11 Cert Req'dxx v. Electric Mobility Corporation Doc. 4 Case 3:05-cv-00404-MEF-SRW Document 4 Filed 05/11/2005 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT F OR THE MIDDLE DISTRICT OF ALABAMA E A S T ER N DIVISION Z A C H A R Y BOUVIER TAYLOR, ) ) P l a i n ti f f , ) v. ) ) E L E C TR I C MOBILITY CORPORATION, ) ) De fend ant. ) CA SE NO. 3:05-cv-404-F WO ORDER C o n s i s t en t with the Order entered April 2, 2003 to restrict the filing of frivolous pro se lawsuits in this Middle District by Zachary B. Taylor ("Taylor"), the court has duly e x a m i n e d the complaint submitted herein by Taylor for filing. In the considered j u d g m e n t of the court, the pleading is improperly filed in this court as venue plainly does n o t lie with respect to the diversity contract claims. The civil rights claims premised on 2 8 U.S.C. 1343(a) are frivolous as the defendant is a corporation and state action, t h e r e fo r e , is lacking. Consequently, the case should not be permitted to proceed. The c o u r t concludes further that the diversity claims should be immediately dismissed without prejud ice to permit Taylor to file the complaint in the appropriate district where venue is prop er. Dismissal without prejudice is appropriate rather than transfer because this d i v e r si t y action is premised on contract, and, therefore, the limitations period will not hav e run. See 28 U.S.C. 1406(a). The federal question claims should be dismissed with p r e j u d i c e . Accordingly, it is Dockets.Justia.com Case 3:05-cv-00404-MEF-SRW Document 4 Filed 05/11/2005 Page 2 of 2 O R D E R E D that the claims premised on diversity be and are hereby DISMISSED with out prejudice; the federal question claims be and are hereby DISMISSED with pre jud ice and this case be and is hereby DISMISSED in its entirety. DONE this 11th day of May, 2005. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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