Lee v. Detroit, City of

Filing 5

ORDER GRANTING IN FORMA PAUPERIS STATUS AND DISMISSING CASE Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Robert E. Lee,
Plaintiff,

Case No: 15-13585
Hon. Victoria A. Roberts

v.
City of Detroit Law Department,

Defendant.
/
ORDER GRANTING IN FORMA PAUPERIS STATUS
AND DISMISSING COMPLAINT
Robert E. Lee filed this personal injury lawsuit. It stems from his fall into a
trench at a curbside construction site. Lee seeks and the Court GRANTS in forma
pauperis status.
However, the Court DISMISSES Lee’s complaint for lack of jurisdiction. Lee fails
to allege his claim arises under federal law. 28 U.S.C. §1331. The complaint does not
reference a federal law - it says Defendant failed to place guard rails around the trench.
Lee also fails to allege diversity jurisdiction under 28 U.S.C. §1332. His address
is in Michigan and the Defendant has a Michigan address as well. Finally, the complaint
requests an unspecified amount of damages for medical bills, pain and suffering and
punitive damages. The Complaint does not allege an amount in controversy that
exceeds $75,000.

IT IS ORDERED.
This Complaint is Dismissed.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: November 2, 2015
The undersigned certifies that a copy of this
document was served on the attorneys of
record and Robert E. Lee by electronic means
or U.S. Mail on November 2, 2015.
s/Linda Vertriest
Deputy Clerk