Memminger v. O'Meara

Filing 10

ORDER DISMISSING CASE Signed by District Judge Lawrence P. Zatkoff. (MVer)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LEONARD MEMMINGER, Plaintiff, Case No. 11-14551 Hon. Lawrence P. Zatkoff v. CORBETT EDGE O’MEARA, Defendant. / ORDER DISMISSING PLAINTIFF’S CASE FOR LACK OF JURISDICTION On October 17, 2011, Plaintiff, a pro se prisoner currently incarcerated at the Chippewa Correctional Facility, filed this action seeking to recover funds allegedly wrongfully retained by Defendant. Plaintiff, however, frames his case as one under 42 U.S.C. § 1983. Plaintiff hired Defendant to represent him in a previous criminal matter. In reviewing Plaintiff’s Complaint, the Court dismisses this action for lack of federal jurisdiction. Both parties are residents of Michigan, and the amount in controversy does not exceed $75,000. Thus, diversity jurisdiction is lacking. 28 U.S.C. § 1332. As to Plaintiff’s reliance on 42 U.S.C. § 1983, the Court finds that Defendant is not a state actor under 42 U.S.C. § 1983 because Plaintiff hired Defendant to represent Plaintiff in the criminal matter. As such, the Court lacks federal subject matter jurisdiction. 28 U.S.C. § 1331. Accordingly, it is HEREBY ORDERED that Plaintiff’s case is DISMISSED for lack of jurisdiction. IT IS SO ORDERED. S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: January 23, 2012 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on January 23, 2012. S/Marie E. Verlinde Case Manager (810) 984-3290 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?