Ellis v. Circle K Corporation et al

Filing 9

ORDER: IT IS ORDERED that by June 28, 2018, Plaintiff shall file an amended (single) complaint properly alleging federal subject matter jurisdiction or this case will be dismissed, without prejudice [see attached Order for details]. Signed by Senior Judge James A Teilborg on 6/14/18. (MAW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gregory Micheal Ellis,

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Plaintiff,

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ORDER

v.

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No. CV-18-01842-PHX-JAT

Circle K Corporation, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s application to proceed in forma pauperis.

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“Inquiring whether the court has jurisdiction is a federal judge’s first duty in every case.”

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Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir.

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2003). In this case, Plaintiff’s “complaint” is actually two separate complaints run

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together as a single document. (Doc. 1).

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In complaint 1, Plaintiff alleges jurisdiction based on diversity. (Doc. 1 at 3).

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However, Plaintiff fails to plead the citizenship of any party. See generally Caterpillar v.

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Lewis, 386 U.S. 523, 531 (1996). Further, the address listed for every party is in Arizona.

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In complaint 2, Plaintiff alleges federal question jurisdiction. In this complaint,

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Plaintiff leaves blank all sections on federal question jurisdiction. (Doc. 1 at 8). On this

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record, Plaintiff has failed to allege federal question jurisdiction.

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Based on the foregoing, Plaintiff has failed to allege or establish federal subject
matter jurisdiction. Therefore,
IT IS ORDERED that by June 28, 2018, Plaintiff shall file an amended (single)

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complaint properly alleging federal subject matter jurisdiction or this case will be

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dismissed, without prejudice.

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Dated this 14th day of June, 2018.

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