Sanders v. Valley National Bank et al

Filing 6

ORDER dismissing this case, without prejudice, for lack of federal subject matter jurisdiction. The motion to proceed in forma pauperis (Doc. 2) is denied as moot. Signed by Judge James A Teilborg on 1/25/13. (DMT)

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

On December 19, 2012, the Court issued the following Order:

17

Plaintiff filed a complaint on December 13, 2012 and moved to proceed
in forma pauperis. Before ruling on that motion, the Court will consider its
jurisdiction to hear this case.

18
19
20
21
22

Federal courts are courts of limited jurisdiction. As a result, they can hear
only those cases that the Constitution and Congress have authorized them to
adjudicate: namely, cases involving diversity of citizenship, a federal question,
or cases to which the United States is a party. Kokkonen v. Guardian Life Ins.
Co. of Am., 511 U.S. 375, 377 (1994). The party asserting jurisdiction bears
the burden of proving a jurisdictional basis exists. Id. In this case, because
Plaintiff filed his suit in federal district court, he must show that the federal
court is authorized to hear his case.

23
The complaint in this case states as follows:
24
Jurisdiction
25

27

by [sic] the law there id. [sic] was a compaint [sic] on the behalf of
James Lenz 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.

28

Complaint

26

1
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.

2
3

Demand
4
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.

5
6
7

Doc. 1.

8

The above quoted language is the entire complaint. Nothing in this
complaint pleads a basis for federal subject matter jurisdiction. Therefore,

9
10

IT IS ORDERED that within 30 days Plaintiff shall file an amended
complaint properly alleging federal subject matter jurisdiction or this case will
be dismissed without prejudice.

11
Doc. 5.
12
Plaintiff failed to file an amended complaint. Accordingly,
13
IT IS ORDERED dismissing this case, without prejudice, for lack of federal subject
14
matter jurisdiction. The motion to proceed in forma pauperis (Doc. 2) is denied as moot.
15

DATED this 25th day of January, 2013.

16
17
18
19
20
21
22
23
24
25
26
27
28
-2-