Bartolini v. Pajco, Inc.

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall show cause, in writing and no later than twenty-one days from the date o f this Memorandum and Order, why this action should not be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Memorandum and Order, the Court will dismiss this action without further proceedings. ( Show Cause Response due by 7/28/2014.) Signed by District Judge Stephen N. Limbaugh, Jr on 7/7/2014. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
PABLO D. BARTOLINI,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
PAJCO, INC.,
Defendant,

No. 1:14CV99 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s civil complaint. Plaintiff has not stated a
basis for this Court’s jurisdiction. As a result, the Court will direct plaintiff to show cause why
this action should not be dismissed.
Plaintiff brings this lawsuit against Pajco, Inc., his former employer, alleging that he
worked ten hour night shifts and that he was never allowed to take a meal break. Plaintiff alleges
that he suffered injuries from standing during his shifts without eating. Plaintiff has not specified
any federal statute or any other basis for the Court’s jurisdiction over his claim.
Rule 8(a) of the Federal Rules of Civil Procedure requires a plaintiff to state the basis for
the Court’s jurisdiction in the complaint. Rule 12(h)(3) requires that the Court dismiss an action
at any time if it determines that subject matter jurisdiction is lacking.
“Federal courts are courts of limited jurisdiction. The requirement that jurisdiction be
established as a threshold matter springs from the nature and limits of the judicial power of the
United States and is inflexible and without exception.” Kessler v. Nat’l Enterprises, Inc., 347
F.3d 1076, 1081 (8th Cir. 2003) (quotation marks omitted); see Kuhl v. Hampton, 451 F.2d 340,

342 (8th Cir. 1971) (federal courts “were not established to mediate any and all types of
complaints and alleged wrongs.”).
Although the Court must liberally construe plaintiff's factual allegations, it will not
supply additional facts or construct a legal theory for plaintiff that assumes facts that have not
been pled.
Plaintiff is directed to show cause, in writing and no later than twenty-one days from the
date of this Memorandum and Order, why this action should not be dismissed for lack of subject
matter jurisdiction.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall show cause, in writing and no later
than twenty-one days from the date of this Memorandum and Order, why this action should not
be dismissed for lack of subject matter jurisdiction..
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Memorandum
and Order, the Court will dismiss this action without further proceedings.
Dated this 7th day of July, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

2