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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ANGELA NAILS, Plaintiff, 11 For the Northern District of California United States District Court 10 No. C 12-00152 JSW ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT WITH LEAVE TO AMEND v. 12 WELLS FARGO BANK, 13 Defendant. / 14 15 On January 6, 2012, Plaintiff filed a Complaint in this action and applied to proceed in 16 forma pauperis. In her Complaint, Plaintiff alleges that Wells Fargo improperly charged her 17 “NSF” Fees, which based on the context of the complaint appears to refers to fees for 18 insufficient funds. Plaintiff alleges that her total damages are $3,641.98. The in forma pauperis 19 statute provides that the Court shall dismiss the case if, inter alia, the Complaint fails to state a 20 claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B). Federal courts are under a 21 duty to raise and decide issues of subject matter jurisdiction sua sponte at any time it appears 22 subject matter jurisdiction may be lacking. Fed. R. Civ. P. 12; Augustine v. United States, 704 23 F.2d 1074, 1077 (9th Cir. 1983). If the Court determines that subject matter jurisdiction is 24 lacking, the Court must dismiss the case. Id.; Fed. R. Civ. P. 12(h)(3). 25 // 26 // 27 // 28 // 1 Federal courts are courts of limited jurisdiction. See, e.g., Kokkonen v. Guardian Life 2 Ins. Co. of Am., 511 U.S. 375, 377 (1994). Federal courts can only adjudicate cases which the 3 Constitution or Congress authorize them to adjudicate: those cases involving diversity of 4 citizenship (where the parties are from diverse states), or a federal question, or those cases to 5 which the United States is a party. See, e.g., Kokkonen v. Guardian Life Insurance Co. of 6 America, 511 U.S. 375 (1994). Federal courts are presumptively without jurisdiction over civil 7 cases and the burden of establishing the contrary rests upon the party asserting jurisdiction. Id. 8 at 377. not alleged the citizenship of each of the parties, even if they are completely diverse, based on 11 For the Northern District of California It is undisputed that the United States is not a party to this case. Although Plaintiff has 10 United States District Court 9 the allegations in the Complaint, the amount in controversy does not exceed $75,000. Thus, 12 diversity jurisdiction is lacking. Finally, Plaintiff has not alleged that Defendant’s actions 13 violate any particular provision of federal law or raise any federal question. For this reason, the 14 Court DENIES WITHOUT PREJUDICE Plaintiff’s application to proceed in forma pauperis, 15 and it DISMISSES Plaintiff’s Complaint. 16 Because the Court cannot say there is no legal theory upon which Plaintiff could assert a 17 basis for federal jurisdiction, it shall give the Plaintiff one further and final opportunity to file 18 an amended complaint that sets forth a viable basis for federal jurisdiction. Indeed, although 19 Plaintiff alleges that her complaint is based on “the banking and financing rules for the state,” it 20 is not clear to the Court on what legal theory she seeks to hold Defendant liable for its allegedly 21 wrongful conduct. Plaintiff also shall clearly articulate that theory in any amended complaint 22 that she files. Plaintiff shall file an amended complaint by no later than March 2, 2012. If 23 Plaintiff fails to file an amended complaint by that date, the Court shall dismiss this case 24 without prejudice. 25 The Court HEREBY ADVISES Plaintiff that a Handbook for Pro Se Litigants, which is 26 available through the Court’s website or in the Clerk’s office, contains helpful information 27 about proceeding without an attorney. The Court also advises Plaintiff that she also may wish 28 2 1 to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help Center at 415- 2 782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for a 3 free appointment with an attorney who may be able to provide basic legal help, but not legal 4 representation. 5 6 IT IS SO ORDERED. Dated: February 8, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ANGELA NAILS et al, Case Number: CV12-00152 JSW Plaintiff, CERTIFICATE OF SERVICE 6 7 v. 8 WELLS FARGO BANK et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 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. 15 16 17 Angela Nails 464 East Broad Street 18 Ozark, AL 36360 19 Dated: February 8, 2012 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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