Memminger v. O'Meara

Filing 10

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

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
[phone]

2