Northington v. St. Louis County Government

Filing 3

OPINION, MEMORANDUM, AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that this case is DISMISSED for lack of jurisdiction. An appropriate Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Henry E. Autrey on 7/20/11. (TRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CURTIS NORTHINGTON, JR.,

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Plaintiff,
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v.
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ST. LOUIS COUNTY GOVERNMENT,)
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Defendant.
)

No. 4:11CV1210 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on its own motion. Rule 12(h)(3) of the
Federal Rules of Civil Procedure states: “If the court determines at any time that it
lacks subject-matter jurisdiction, the court must dismiss the action.”
Plaintiff, a resident of the State of Missouri, brings this action for breach of
contract against the St. Louis County Government. Plaintiff alleges that he
entered into a contract with defendant for three dollars several years ago. Plaintiff
states that the face value of the contract today is $25,000. Plaintiff seeks money
damages in the amount of $100,000.
The Court lacks jurisdiction over this matter because the complaint does not
raise a federal question claim under 28 U.S.C. § 13311, nor does the cause of

1

Plaintiff’s broad and conclusory assertion that defendant’s actions relating
to the alleged breach of contract are in violation of “federal law” is not enough to

action meet the diversity requirements of 28 U.S.C. § 1332, as both parties are
residents of Missouri. As a result, the Court will dismiss this matter pursuant to
Fed.R.Civ.P. 12(h)(3).2
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that this case is DISMISSED for lack of
jurisdiction.
An appropriate Order of Dismissal shall accompany this Memorandum and
Order.
Dated this 20th day of July, 2011.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

provide the Court with federal question jurisdiction in this matter.
2

This is the second time the Court has had to dismiss this action for lack of
jurisdiction. See Northington v. St. Louis County Government, 4:10CV617 HEA
(E.D. Mo.).
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