Prine (ID 81295) v. Schroeder

Filing 7

MEMORANDUM AND ORDER ENTERED: This matter is dismissed for failure to state a claim for relief. Collection action shall continue under 28 U.S.C. § 1915(b)(2) until plaintiff satisfies the $350.00 filing fee. Signed by U.S. Senior District Judge Sam A. Crow on 09/22/17. Mailed to pro se party John Robert Prine by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JOHN ROBERT PRINE,
Plaintiff,
v.

CASE NO. 17-3128-SAC-DJW

KEITH SCHROEDER,
Defendant.

MEMORANDUM AND ORDER
This matter is a civil action filed by a prisoner in state
custody. Plaintiff proceeds pro se and in forma pauperis.
By an order entered on August 8, 2017, U.S. Magistrate Judge Waxse
directed plaintiff to show cause on or before September 5, 2017, why
this matter should not be dismissed for failure to state a claim for
relief. Plaintiff seeks damages from the District Attorney of Reno
County, Kansas, due to his failure to respond to discovery requests
made by plaintiff in an action in state court. Magistrate Judge Waxse
found that plaintiff identified no ground for federal relief, noting
that the state district courts manage discovery in state court actions
and may impose sanctions. See K.S.A. 60-237. Likewise, Magistrate
Judge Waxse rejected plaintiff’s attempt to characterize this matter
as an action brought under diversity jurisdiction. See generally,
McEntire

v.

Kmart

Corp.,

2010

WL

553443,

at

*3

(D.N.M.

Feb.

9,2010)(“[t]he Supreme Court of the United States has described th[e]
statutory diversity requirement as ‘complete diversity,’ and it is
present only when no party on one side of a dispute shares citizenship
with any party on the other side of a dispute.”)

Although plaintiff filed his complaint on official forms, as
directed by the clerk of the court, on September 1, 2017, he has not
responded to the order to show cause, and the refiled complaint suffers
from the same defects identified in the order to show cause.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
for failure to state a claim for relief.
IT IS FURTHER ORDERED collection action shall continue under 28
U.S.C. § 1915(b)(2) until plaintiff satisfies the $350.00 filing fee.
IT IS SO ORDERED.
DATED:

This 22nd day of September, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge