Angela Nails v. Wells Fargo Bank

Filing 9

ORDER DENYING WITHOUT PREJUDICE 2 MOTION for Leave to Proceed in forma pauperis AND DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Jeffrey S. White on 2/8/12. (jjoS, COURT STAFF) (Filed on 2/8/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANGELA NAILS,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 12-00152 JSW
ORDER DENYING WITHOUT
PREJUDICE APPLICATION TO
PROCEED IN FORMA PAUPERIS
AND DISMISSING COMPLAINT
WITH LEAVE TO AMEND

v.

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WELLS FARGO BANK,

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Defendant.
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On January 6, 2012, Plaintiff filed a Complaint in this action and applied to proceed in

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forma pauperis. In her Complaint, Plaintiff alleges that Wells Fargo improperly charged her

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“NSF” Fees, which based on the context of the complaint appears to refers to fees for

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insufficient funds. Plaintiff alleges that her total damages are $3,641.98. The in forma pauperis

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statute provides that the Court shall dismiss the case if, inter alia, the Complaint fails to state a

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claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B). Federal courts are under a

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duty to raise and decide issues of subject matter jurisdiction sua sponte at any time it appears

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subject matter jurisdiction may be lacking. Fed. R. Civ. P. 12; Augustine v. United States, 704

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F.2d 1074, 1077 (9th Cir. 1983). If the Court determines that subject matter jurisdiction is

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lacking, the Court must dismiss the case. Id.; Fed. R. Civ. P. 12(h)(3).

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Federal courts are courts of limited jurisdiction. See, e.g., Kokkonen v. Guardian Life

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Ins. Co. of Am., 511 U.S. 375, 377 (1994). Federal courts can only adjudicate cases which the

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Constitution or Congress authorize them to adjudicate: those cases involving diversity of

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citizenship (where the parties are from diverse states), or a federal question, or those cases to

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which the United States is a party. See, e.g., Kokkonen v. Guardian Life Insurance Co. of

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America, 511 U.S. 375 (1994). Federal courts are presumptively without jurisdiction over civil

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cases and the burden of establishing the contrary rests upon the party asserting jurisdiction. Id.

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at 377.

not alleged the citizenship of each of the parties, even if they are completely diverse, based on

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For the Northern District of California

It is undisputed that the United States is not a party to this case. Although Plaintiff has

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United States District Court

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the allegations in the Complaint, the amount in controversy does not exceed $75,000. Thus,

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diversity jurisdiction is lacking. Finally, Plaintiff has not alleged that Defendant’s actions

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violate any particular provision of federal law or raise any federal question. For this reason, the

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Court DENIES WITHOUT PREJUDICE Plaintiff’s application to proceed in forma pauperis,

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and it DISMISSES Plaintiff’s Complaint.

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Because the Court cannot say there is no legal theory upon which Plaintiff could assert a

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basis for federal jurisdiction, it shall give the Plaintiff one further and final opportunity to file

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an amended complaint that sets forth a viable basis for federal jurisdiction. Indeed, although

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Plaintiff alleges that her complaint is based on “the banking and financing rules for the state,” it

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is not clear to the Court on what legal theory she seeks to hold Defendant liable for its allegedly

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wrongful conduct. Plaintiff also shall clearly articulate that theory in any amended complaint

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that she files. Plaintiff shall file an amended complaint by no later than March 2, 2012. If

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Plaintiff fails to file an amended complaint by that date, the Court shall dismiss this case

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without prejudice.

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The Court HEREBY ADVISES Plaintiff that a Handbook for Pro Se Litigants, which is

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available through the Court’s website or in the Clerk’s office, contains helpful information

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about proceeding without an attorney. The Court also advises Plaintiff that she also may wish

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to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help Center at 415-

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782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for a

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free appointment with an attorney who may be able to provide basic legal help, but not legal

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representation.

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IT IS SO ORDERED.
Dated: February 8, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANGELA NAILS et al,

Case Number: CV12-00152 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.
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WELLS FARGO BANK et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on February 8, 2012, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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17 Angela Nails
464 East Broad Street
18 Ozark, AL 36360
19 Dated: February 8, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk