NOTTINGHAM v. NATIONAL CITY BANK

Filing 4

ORDER denying 3 Motion for Leave to Proceed in forma pauperis and Dismissing action. (S.O.) cm . Signed by Judge Sarah Evans Barker on 4/28/06. (MAC, )

NOTTINGHAM v. NATIONAL CITY BANK

Doc. 4

Case 1:06-cv-00674-SEB-VSS

Document 4

Filed 04/28/2006

Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA JOHN NOTTINGHAM, Plaintiff, v. NATIONAL CITY BANK, Defendant. ) ) ) ) ) ) ) ) ENTRY I. The clerk shall send the plaintiff a filed copy of the complaint and a filed copy of the plaintiff's request to proceed in forma pauperis. II. The plaintiff's request to proceed in forma pauperis is denied and this action is dismissed. The reasons for this disposition are the following: 1. Pursuant to 28 U.S.C. § 1915(e)(2)(B), a court shall dismiss a case at any time if the court determines that the action (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. 2. The claim against National City Bank is legally insufficient for the same reasons explained in the Entry dismissing No. 1:06-cv-637-SEB-VSS. That is, there is no allegation that this defendant acted under "color of state law" (such as would be required to support a claim pursuant to 42 U.S.C. § 1983), there is no other stated or discernible basis for the existence of a "federal question" (such as would be required to support this court's jurisdiction under 28 U.S.C. § 1331), and there is no allegation of diversity of citizenship or of the required minimum $75,000.00 in controversy (such as would be required to support the exercise of this court's diversity jurisdiction). 3. In short, the complaint fails to state a viable claim against the defendant, and hence must be dismissed at this early point regardless of the plaintiff's financial circumstances. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED. Date: 04/28/2006
_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

1:06-cv-674-SEB-VSS

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