Clark v. Bommarito

Filing 5

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2 ] is granted. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel [ECF No. 4 ] is denied as moot. Signed by District Judge Carol E. Jackson on 5/14/13. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RONALD DAVIS CLARK,
Plaintiff,
v.
BONMARITO,
Defendant.

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No. 4:13CV899 SPM

MEMORANDUM AND ORDER
This matter is before the Court for review of plaintiff’s complaint for subject
matter jurisdiction. Under Rule 12(h)(3) of the Federal Rules of Civil Procedure, the
Court is required to screen and dismiss any case where it appears that subject matter
jurisdiction is lacking.
Plaintiff brings this action for breach of contract. Plaintiff says he bought a car
from defendant Bonmarito “as is.” Nevertheless, plaintiff alleges that the salesperson
told him that defendant was “reputable” and that if there was a problem with the car,
defendant would fix it. Plaintiff claims that there was a problem with the car’s
emission system. Plaintiff asserts that he tried to get the defendant to fix it but that
his request was refused. Plaintiff seeks an award of damages.
Federal court jurisdiction over a state law-based cause of action exists when
the parties are citizens of different states and the amount in controversy exceeds

$75,000, exclusive of interest and costs. 28 U.S.C. § 1332. Here, the Court lacks
jurisdiction over plaintiff’s state-law breach of contract claim because plaintiff alleges
that both he and the defendant are residents of Missouri. As a result, the case must
be dismissed for lack of jurisdiction. Fed. R. Civ. P. 12(h)(3). A separate order of
dismissal will be filed.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [ECF No. 2] is granted.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of
counsel [ECF No. 4] is denied as moot.
Dated this 14th day of May, 2013.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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