Sanders v. Valley National Bank et al
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiff,
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vs.
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Valley National Bank; Bank 1; Chase;)
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Equifax; TransUnion; Experian,
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Defendants.
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James Lenz Sanders,
No. CV 12-2654-PHX-JAT
ORDER
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Plaintiff filed a complaint on December 13, 2012 and moved to proceed in forma
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pauperis. Before ruling on that motion, the Court will consider its jurisdiction to hear this
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case.
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Federal courts are courts of limited jurisdiction. As a result, they can hear only those
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cases that the Constitution and Congress have authorized them to adjudicate: namely, cases
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involving diversity of citizenship, a federal question, or cases to which the United States is
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a party. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The party
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asserting jurisdiction bears the burden of proving a jurisdictional basis exists. Id. In this
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case, because Plaintiff filed his suit in federal district court, he must show that the federal
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court is authorized to hear his case.
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The complaint in this case states as follows:
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Jurisdiction
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by [sic] the law there id. [sic] was a compaint [sic] on the behalf of James Lenz
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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.
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Complaint
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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.
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Demand
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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.
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Doc. 1.
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The above quoted language is the entire complaint. Nothing in this complaint pleads
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a basis for federal subject matter jurisdiction. Therefore,
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IT IS ORDERED that within 30 days Plaintiff shall file an amended complaint
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properly alleging federal subject matter jurisdiction or this case will be dismissed without
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prejudice.
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DATED this 19th day of December, 2012.
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