Clay v. AT&T Integrated Disability Service Center

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/10/17 ORDERING that Plaintiff's Request to proceed in forma pauperis 2 is GRANTED. Plaintiff must file an amended complaint within thirty days from the filed date of this Order. Failure to file the amended complaint may result in a recommendation that the entire action be dismissed with prejudice. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME A. CLAY,
Plaintiff,

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v.

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No. 2:17-cv-00749 KJM GGH PS

ORDER

AT&T INTEGRATED DISABILITY
SERVICE CENTER, et al.,

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Defendants.
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Plaintiff filed a Complaint seeking recovery of withheld disability payments from

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Defendant’s Disability Plan, ECF No. 1, together with a Motion to Proceed with the action in

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forma pauperis. This case was referred to this court pursuant to Eastern District of California

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Local Rule [hereafter referred to as “LR”] 302(c)(21).
The court, having reviewed the affidavit of plaintiff finds that it makes the showing

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required by 28 U.S.C. 1915(a)(1). Accordingly, the request to proceed in forma pauperis will be

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granted.

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The determination whether plaintiff may proceed in forma pauperis does not complete the

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present inquiry. Title 28 U.S.C. § 1915(e)(2) directs the court to dismiss a case at any time if the

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allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on

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which relief may be granted, or seeks monetary relief against an immune defendant.

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In this regard, the undersigned observes that plaintiff does not allege a jurisdictional basis

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to be in federal court. Plaintiff may be attempting to assert jurisdiction of this court under 28

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U.S.C. section 1332, diversity jurisdiction. However, plaintiff sues several defendants, but

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addresses the citizenship of only one defendant. Moreover, the claim does not presently meet the

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jurisdictional threshold of damages in excess $75,000 exclusive of interest and costs. 28 U.S.C.

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§1332(a). The court further observes, however, that the action could be one for the recovery of

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benefits under ERISA, 29 U.S.C. section 1132, a federal statute which gives ERISA plan

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beneficiaries a right of action, section 1132(a), and which establishes concurrent jurisdiction in

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federal and state courts for ERISA plan beneficiaries, section 1132(e).

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The undersigned cannot fill in all the blanks for plaintiff. Lower federal courts are courts

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of limited jurisdiction, i.e., they only have the jurisdiction to adjudicate disputes that Congress

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has bestowed upon them. Plaintiff must assert the basis of jurisdiction which permits him to sue

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in federal court, and then must allege facts which would make out a claim under that

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jurisdictional basis.

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In light of the foregoing and good cause appearing, IT IS ORDERED that:

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Plaintiff must file an amended complaint within thirty days from the filed date of this

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Order. Failure to file the amended complaint may result in a recommendation that the entire

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action be dismissed with prejudice.

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Dated: April 10, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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