Sanders v. Valley National Bank et al

Filing 5

ORDER that within 30 days Plaintiff shall file an amended complaint properly alleging federal subject matter jurisdiction or this case will be dismissed without prejudice. Signed by Judge James A Teilborg on 12/19/2012. (LFIG)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 ) ) ) Plaintiff, ) ) vs. ) ) Valley National Bank; Bank 1; Chase;) ) Equifax; TransUnion; Experian, ) ) Defendants. ) ) James Lenz Sanders, No. CV 12-2654-PHX-JAT ORDER 16 Plaintiff filed a complaint on December 13, 2012 and moved to proceed in forma 17 pauperis. Before ruling on that motion, the Court will consider its jurisdiction to hear this 18 case. 19 Federal courts are courts of limited jurisdiction. As a result, they can hear only those 20 cases that the Constitution and Congress have authorized them to adjudicate: namely, cases 21 involving diversity of citizenship, a federal question, or cases to which the United States is 22 a party. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The party 23 asserting jurisdiction bears the burden of proving a jurisdictional basis exists. Id. In this 24 case, because Plaintiff filed his suit in federal district court, he must show that the federal 25 court is authorized to hear his case. 26 The complaint in this case states as follows: 27 Jurisdiction 28 by [sic] the law there id. [sic] was a compaint [sic] on the behalf of James Lenz 1 Sanders, by him self [sic], of stole [sic] bank card and all indenification [sic]; to call in fraud. Vally [sic] National Bank, Trust was to keep records. 2 Complaint 3 4 James Lenz Sanders, bank had a call for fraud, and was told to put a hold on account banking, (to close) and was going to file for fraud. Vally [sic] National Bank, Trust was to keep records. 5 Demand 6 7 James Lenz Sanders, would want his currency of American Dollars, in his name, to be in the bank. Vally [sic] National Bank, Trust was to keep records. Or Unclaimed Property in Az, showing bank account money. 8 Doc. 1. 9 The above quoted language is the entire complaint. Nothing in this complaint pleads 10 a basis for federal subject matter jurisdiction. Therefore, 11 IT IS ORDERED that within 30 days Plaintiff shall file an amended complaint 12 properly alleging federal subject matter jurisdiction or this case will be dismissed without 13 prejudice. 14 DATED this 19th day of December, 2012. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?