Ali v. Cellco Partnership

Filing 10

ORDER DISMISSING ACTION WITH LEAVE TO AMEND; DEFERRING RULING ON APPLICATION TO PROCEED IN FORMA PAUPERIS. Plaintiff's complaint is dismissed with leave to amend; any amended complaint should be filed no later than July 29, 2010. The Court defers ruling on plaintiff's application to proceed in forma pauperis. Signed by Judge Susan Illston for Maxine M. Chesney on July 8, 2010. (mmclc2, COURT STAFF) (Filed on 7/8/2010) Modified on 7/8/2010.

Ali v. Cellco Partnership

Doc. 10

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On June 1, 2010, plaintiff Dedan Sunni Ali ("Ali") filed the above-titled action against defendant Cellco Partnership d/b/a VerizonWireless, Inc. ("VerizonWireless"). Plaintiff's complaint consists of a single paragraph and alleges that defendant "has wilfully practiced userous [sic], unfair, and bad methods of collecting on a past due bill" and refused to accept a payment plan plaintiff proposed to defendant. Also before the Court is plaintiff's application to proceed in forma pauperis. The Court having read and considered the above-referenced filings, hereby rules as follows. Ali's complaint is deficient as it contains no allegations setting forth federal jurisdiction over the instant action, nor is any federal cause of action apparent from plaintiff's conclusory allegations that defendant engaged in unfair collection methods. Accordingly, the instant action is hereby DISMISSED for lack of subject-matter v. CELLCO PARTNERSHIP d/b/a VERIZONWIRELESS, INC. Defendant. / DEDAN SUNNI ALI, Plaintiff, No. C 10-2407 MMC ORDER DISMISSING ACTION WITH LEAVE TO AMEND; DEFERRING RULING ON APPLICATION TO PROCEED IN FORMA PAUPERIS United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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jurisdiction, and plaintiff will be afforded leave to amend. Plaintiff's amended complaint, if any, shall be filed no later than July 29, 2010. If an amended complaint is not filed by said date, the above-titled action will be dismissed without prejudice to Ali's refiling his claims in state court. In light of the above, the Court defers ruling on plaintiff's application to proceed in forma pauperis. IT IS SO ORDERED. Dated: July 8, 2010 /s/ SUSAN ILLSTON for MAXINE M. CHESNEY United States District Judge

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