BURTON v. MCINTOSH et al

Filing 4

ORDER denying 3 Motion for Leave to Proceed in forma pauperis and the pltf shall have through 3/6/06 to pay his filing fee; Order to show cause through 3/6/06 why the action should not be summarily be dismissed cm Signed by Judge John Daniel Tinder on 2/14/06. (CBU, )

BURTON v. MCINTOSH et al

Doc. 4

Case 1:06-cv-00222-JDT-WTL

Document 4

Filed 02/14/2006

Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA FRANK EUGENE BURTON, Plaintiff, vs. NOAH MCINTOSH, JR., et al., Defendants. ) ) ) ) ) ) ) )

No. 1:06-cv-222-JDT-WTL

Entry Concerning Selected Matters The court, having considered the above action and the matters which are pending, makes the following rulings: 1. The plaintiff's request to proceed in forma pauperis is denied. The reason for this ruling is that he has sufficient financial means from which to pay the $250.00 filing fee for this action. He shall have through March 6, 2006, in which to do so. The plaintiff shall also have through March 6, 2006, in which to show cause why the action should not be summarily be dismissed for lack of subject matter jurisdiction, because there is no "state action" alleged in the complaint such as would be required to support a viable claim pursuant to 42 U.S.C. § 1983 and because there is no other discernible basis for the exercise of this court's limited jurisdiction over the controversy identified in the complaint.

2.

IT IS SO ORDERED.
_______________________________

Date:

02/14/2006

John Daniel Tinder, Judge United States District Court

Copies to: Frank Eugene Burton, 1037 North 3rd Street, Austin, IN 47102

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