Whitfield v. Equifax et al

Filing 4

ORDER AND MEMORANDUM: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint, because the Cou rt lacks jurisdiction over this action and the complaint fails to state a claim or cause of action. See 28 USC 1915(e)(2)(B). An appropriate order of dismissal shall accompany this order and memorandum. Signed by Honorable Jean C. Hamilton on 3/24/09. (TRC)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION FREDERICK WHITFIELD, Plaintiff, v. EQUIFAX, et al., Defendants. ) ) ) ) ) ) ) ) )

No. 4:09-CV-434-TCM

ORDER AND MEMORANDUM This matter is before the Court upon the application of Frederick Whitfield for leave to commence this action without payment of the required filing fee. consideration of the financial See 28 U.S.C. § 1915(a). provided with Upon the

information

application, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. Therefore, plaintiff will be

granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). 28 U.S.C. § 1915(e) Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a complaint filed in forma pauperis at any time if the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. An action is frivolous if "it Neitzke v.

lacks an arguable basis either in law or in fact." Williams, 490 U.S. 319, 325 (1989).

An action fails to state a

claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1974 (2007). In reviewing a pro se complaint under § 1915(e)(2)(B), the Court must give the complaint the benefit of a liberal The

construction.

Haines v. Kerner, 404 U.S. 519, 520 (1972).

Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton

v. Hernandez, 504 U.S. 25, 32 (1992); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). The complaint Plaintiff brings this action for defendants' alleged failure "to remove years of misreported credit mistakes on [his] credit report." He seeks unspecified monetary relief. Plaintiff

states that the jurisdictional grounds for filing this action in federal court are, as follows: "Civil rights violations which I The Court will liberally

believe caused a form of genocide."

construe the complaint as having been brought pursuant to 28 U.S.C. § 1332.1 The Court finds that this action should be dismissed, without
1

prejudice,

for

lack

of

federal-court

subject

matter

The named defendants are not state actors, and thus, there can be no cause of action under 42 U.S.C. § 1983. Moreover, plaintiff does not claim that the instant action arises under the Constitution, laws, or treaties of the United States. See 28 U.S.C. § 1331. 2

jurisdiction. controversy

Plaintiff has failed to satisfy the amount-inunder 28 U.S.C. § 1332. Moreover,

requirement

plaintiff's allegations fail to state a claim or cause of action. In accordance with the foregoing, IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint, because the Court lacks jurisdiction over this action and the complaint fails to state a claim or cause of action. See 28 U.S.C. § 1915(e)(2)(B).

An appropriate order of dismissal shall accompany this order and memorandum. Dated this 24th day of March, 2009.

/s/ Jean C. Hamilton UNITED STATES DISTRICT JUDGE

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