Cobbs v. Wong et al

Filing 7

MEMORANDUM ORDER. Signed by the Honorable Milton I. Shadur on 3/9/2017. Mailed notice. (eg,)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CALVIN RAY COBBS, SR., Plaintiff, v. PABLO CHUN YU WONG, etc., et al., Defendant. ) ) ) ) ) ) ) ) ) Case No. 17 C 1702 MEMORANDUM ORDER Calvin Ray Cobbs, Sr. ("Cobbs"), reflecting a mistaken belief that is unfortunately held by many pro se plaintiffs unfamiliar with the federal court system, has just sought to come to this District Court through the use of three Clerk's-Office-supplied forms: a "Complaint Under the Civil Rights Act, Title 42 Section 1983," an In Forma Pauperis Application ("Application") and a Motion for Attorney Representation ("Motion"). Because Cobbs' Complaint clearly does not come within the subject matter jurisdiction of this District Court as circumscribed by Congress, this memorandum order is issued sua sponte to dismiss both Cobbs' Complaint and this action for lack of such jurisdiction -- a dismissal that is without prejudice to the possibility that Cobbs may have some claim that can be entertained by a state court of competent jurisdiction. 1 Although Cobbs' contentions are difficult to follow, they plainly reflect a private dispute with the several defendants whom he targets in his Complaint, and his claims also lack the total diversity of citizenship required to invoke that branch of federal subject matter jurisdiction. Accordingly: _________________________ 1 This Court expresses no view on that subject, so that the dismissal order here is without prejudice to Cobbs' possible ability to enlist the aid of a state court for his claim or claims. 1. As indicated earlier, both the Complaint and this action are dismissed, but without prejudice as explained in n.1. 2. Both the Application and the Motion are denied as moot. __________________________________________ Milton I. Shadur Senior United States District Judge Date: March 9, 2017 -2-

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