Davis v. Gericke et al

Filing 8

MEMORANDUM and Order Signed by the Honorable Milton I. Shadur on 1/8/2013: (lp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

CHARLES B. DAVIS SR.,
Plaintiff,
v.
RON GERICKE, et al.,
Defendants.

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Case No. 12 C 9920

MEMORANDUM ORDER
Charles Davis Sr. ("Davis"), having struck out in an earlier-filed lawsuit (12 C 9436) that
had been assigned to this Court's colleague Honorable Robert Dow, Jr., has filed what he labels a
"Complaint of Fraud" that has been assigned at random to this Court's calendar. It is unclear
whether Davis regards this as a continuation of his earlier lawsuit that was dismissed by Judge
Down on December 7, 2012 or whether he intends this to be a separate and independent action,
but this memorandum order will assume the latter to be the case.
That said, the same jurisdictional flaws that Judge Dow identified in dismissing the case
before him are present here: Total diversity of citizenship between Davis on the one hand and all
of his named defendants on the other hand is lacking, and the Complaint does not implicate
federal question jurisdiction. This Court's threshold responsibility is to confirm the existence or
nonexistence of subject matter jurisdiction, and to do so sua sponte (see, e.g., Wernsing v.
Thompson, 423 F. 3d 732, 743 (7th Cir. 2005)). Because of the absence of such jurisdiction, this

action is dismissed -- but without prejudice to Davis' right to bring suit in a state court of
competent jurisdiction.1

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Milton I. Shadur
Senior United States District Judge
Date: January 8, 2013

1

Davis' In Forma Pauperis Application and Motion for Appointment of Counsel are
denied as moot.
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