Hotop v. St. Louis Police Academy

Filing 5

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 action is DISMISSED for lack of jurisdiction. IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel Doc. 4 is DENIED is moot. An Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 12/11/12. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TIMOTHY MICHAEL HOTOP,
Plaintiff,
v.
ST. LOUIS POLICE ACADEMY,
Defendant.

)
)
)
)
)
)
)
)
)

No. 4:12CV2239 RWS

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.” The Court has reviewed
the complaint and has determined that it should be dismissed for lack of jurisdiction.
Plaintiff brings this action under state law for breach of contract. Plaintiff alleges
that he entered into an implied contract with the St. Louis Police Academy when it
accepted his application, i.e., that it agreed to make him a police officer. Plaintiff says
when the Academy ultimately decided not to make him a police officer, it breached the
implied contract.
The Court lacks jurisdiction over the subject matter of the complaint. The
parties are not diverse. See 28 U.S.C. § 1332. And there is no federal question. See
28 U.S.C. § 1331. As a result, the Court will dismiss this action under Rule 12(h)(3).

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. 2] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED for lack of
jurisdiction.
IT IS FURTHER ORDERED that plaintiff’s motion to appoint counsel [Doc.
4] is DENIED is moot.
An Order of Dismissal shall accompany this Memorandum and Order.
Dated this 11th

day of December, 2012.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

-2-