STINER v. METRO HEALTH MEDICAL CENTER et al
Filing
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying as moot 5 Motion to Dismiss; denying as moot 10 Motion to Dismiss Complaint. Plaintiff is hereby DIRECTED to submit an amended complaint within TWENTY-ONE (21) DAYS from the date of this Order. (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CARLETHA STINER,
Plaintiff,
v.
METRO HEALTH MEDICAL
CENTER, et al.,
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CIVIL ACTION
No. 5:13‐CV‐445 (CAR)
Defendants.
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ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS
Before the Court is pro se Plaintiff Carletha Stiner’s Motion to Proceed In Forma
Pauperis without prepayment of costs. In light of her supporting affidavit, it appears
Plaintiff is unable to pay the cost of commencing this action. Therefore, the Court
GRANTS her Motion to Proceed In Forma Pauperis. However, if Plaintiff wishes to
maintain this action, she must file an amended complaint as hereinafter directed.
Under 28 U.S.C. § 1915(e), a court must sua sponte dismiss an indigent plaintiff’s
complaint or any portion thereof which (1) is frivolous or malicious; (2) fails to state a
claim on which relief may be granted; or (3) seeks monetary relief against a defendant
who is immune from such relief.1 This statute “accords judges not only the authority to
dismiss a claim based on an indisputably meritless legal theory, but also the unusual
1 28 U.S.C. § 1915(e)(2)(b).
power to pierce the veil of the complaint’s factual allegations and dismiss those claims
whose factual contentions are clearly baseless.”2
Before a court may address the merits of any claim, however, it must have
subject matter jurisdiction over the case.3 Federal courts have limited jurisdiction over
cases that present a substantial federal question and certain actions with diverse
parties.4 Federal question jurisdiction exists when a party asserts a “colorable claim
‘arising under’ the Constitution or laws of the United States.”5 Diversity jurisdiction
requires complete diversity of citizenship between all of the parties, and the amount in
controversy must exceed $75,000.6 The plaintiff bears the burden of alleging a basis for
subject matter jurisdiction in his or her complaint.7
As is its duty, the Court has scrutinized Plaintiff’s Complaint and liberally
construed all of her allegations.8 To the best of the Court’s knowledge, Plaintiff claims
various medical institutions and physicians misdiagnosed her with breast cancer and
conspired to conceal their mistake and Plaintiff’s resulting injuries in violation of
Georgia and Ohio state law, as well as United States Code Titles 18 and 42. Although
2 Neitzke v. Williams, 490 U.S. 319, 327 (1989).
3 University of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999); see generally Exxon
Mobil Corp. v. Allapattah Servs., 545 U.S. 546, 552 (2005).
4 28 U.S.C. §§ 1331, 1332.
5 See Arbaugh v. Y & H Corp., 546 U.S. 500, 513‐14 (2006)
6 28 U.S.C. §1332(a); Newman‐Green, Inc. v. Alfonzo‐Larrain, 490 U.S. 826, 829 (1989).
7 Ishler v. Internal Revenue, 237 F. App’x 394, 395 (11th Cir. 2007).
8 See Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998) (per curiam) (“Pro se
pleadings are held to a less stringent standard than pleadings drafted by attorneys and will,
therefore, be liberally construed.”).
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the Court has other, serious concerns about the merits of Plaintiff’s Complaint, the
Court cannot reach those matters before addressing its jurisdiction over this case.
In its current form, Plaintiff’s Complaint does not allege a basis for diversity
jurisdiction or federal question jurisdiction. Plaintiff does not seek a specific amount in
controversy, nor does she specify the citizenship of each party. Further, Plaintiff fails to
identify any specific federal laws Defendants have allegedly violated. In short, the
Complaint is deficient. However, rather than dismissing Plaintiff’s case outright for
lack of subject matter jurisdiction, the Court must give her an opportunity to file an
amended complaint.9
Accordingly, Plaintiff is HEREBY DIRECTED to submit an amended complaint
within TWENTY‐ONE (21) DAYS from the date of this Order. If Plaintiff seeks to
establish diversity jurisdiction in this case, she must allege the citizenship of each party
and the amount in controversy. Alternatively, if Plaintiff claims this Court has federal
question jurisdiction, she must identify the specific sections of Titles 18 and 42 that are
applicable in this case; broad references to whole titles of the United States Code will
not suffice. The Court cautions Plaintiff that her amended complaint will be in place of
and substituted for the original Complaint and all attachments, exhibits, and
documents heretofore filed.
9 See Bryant v. Dupree, 252 F.3d 1161, 1164‐65 (11th Cir. 2001).
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CONCLUSION
Plaintiff’s Motion to Proceed In Forma Pauperis [Doc. 2] is GRANTED. However,
Plaintiff is hereby DIRECTED to submit an amended complaint within TWENTY‐ONE
(21) DAYS from the date of this Order. Plaintiff is NOTICED that failure to comply
with this Order will result in dismissal of her action without further notice or
proceedings. There will be no service of process on any Defendant until further Order
of the Court.
In light of the foregoing, Defendants’ pending Motions to Dismiss [Docs. 5 & 10]
are DENIED AS MOOT without prejudice to refiling if and when Plaintiff files an
amended complaint.
SO ORDERED, this 10th day of January 2014.
S/ C. Ashley Royal
C. ASHLEY ROYAL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
BBP
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