Quinn v. Citibank

Filing 6

MEMORANDUM AND ORDER, The Court DENIES Quinn's motion for leave to proceed in forma pauperis (Doc. 3 ) because this action fails to state a claim upon which this Court can grant relief. The Court further DISMISSES this action without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for lack of jurisdiction and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 10/3/2016. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS VERNON H. QUINN, JR., Plaintiff, v. Case No. 16-cv-810-JPG-SCW CITIBANK, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on plaintiff Vernon H. Quinn, Jr.’s motion for leave to proceed in forma pauperis (Doc. 3). In its August 29, 2016, order (Doc. 5), the Court questioned whether it had subject matter jurisdiction over Quinn’s claim as currently pled and allowed him until September 26, 2016, to amend his complaint to allege facts showing the Court has diversity jurisdiction. It further warned Quinn that if he failed to timely file an amended complaint with the required information, the Court would deny his motion for leave to proceed in forma pauperis and would dismiss this case without prejudice for lack of jurisdiction. Quinn has not filed a timely amended complaint. Accordingly, as it warned it would, the Court DENIES Quinn’s motion for leave to proceed in forma pauperis (Doc. 3) because this action fails to state a claim upon which this Court can grant relief. The Court further DISMISSES this action without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for lack of jurisdiction and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: October 3, 2016 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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