Van Heck v. St. Clair, County of et al

Filing 25

ORDER DISMISSING CASE, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROGER VAN HECK,
Case No. 13-11377
Plaintiff,
Honorable John Corbett O’Meara
v.
ST. CLAIR COUNTY, JOHN TOMLINSON, ST.
CLAIR COUNTY JUDICIARY, and MERRY V.
PACK,
Defendants.
/
ORDER OF DISMISSAL
Plaintiff Roger Van Heck filed a pro se complaint in this matter March 28, 2013. On February
6, 2014, this court entered an order granting the summary judgment motion of defendants St. Clair
County, John Tomlinson, and St. Clair County Judiciary. Therefore, the only remaining defendant
in this case is Merry V. Pack, plaintiff Van Heck's ex-wife.
The complaint "Seeks EIGHT HUNDRED THOUSAND DOLLARS from the Defendant
Merry V. Pack for wrongful prosecution, loss of income, loss of property, malicious prosecution,
and negligent continued prosecution" concerning child support payments ordered to be paid by Van
Heck. Compl. at 6.
In order for this court to have federal subject matter jurisdiction, the complaint must present
a federal question or the parties must be diverse. 28 U.S.C. §§ 1331 and 1332. The allegations
against defendant Pack present no federal question, and the parties are not diverse. Because this

court lacks subject matter jurisdiction, the action is DISMISSED, rendering moot all outstanding
motions and applications.

s/John Corbett O'Meara
United States District Judge
Date: February 11, 2014

I hereby certify that a copy of the foregoing document was served upon the parties of record
on this date, February 11, 2014, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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