Baker v. Lawrence Novelty Co., Inc.

Filing 4

MEMORANDUM DECISION AND ORDER, Federal courts are courts of limited jurisdiction. Based on the allegations concerning the parties, the only basis for this Court to exercise jurisdiction would be if the action arose under the Constitution or some fede ral law. It does not, at least not in any way that is apparent from the face of the complaint. The action appears to present a common law claim under the law of the State of NY and must be brought in the NYS Courts, not a federal court. The complain t is therefore dismissed. Pltff may file an amended complaint within 21 days if he can explain how this case involves the US Constitution or some federal law. If he fails to file an amended complaint within this period, the action will be marked clos ed. This Court certifies, pursuant to 28 USC sec. 1915(a)(3), that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Brian M. Cogan on 6/21/2011) c/m by chambers. (Galeano, Sonia)

FILED

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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IN CLERK'S OFFICE

BROOKLYN C:-F;C

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MEMORANDUM
DECISION AND ORDER

RALPH BAKER,
Plaintiff,

11 Civ. 2806 (BMC)(LB)
- againstLAWRENCE NOVELTY CO., INC.,
Defendant.

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COGAN, District Judge.
Plaintiff pro se brings this action to quiet title to a piece of real estate located in
Brooklyn. He is a New Yorker and the defendant, which is allegedly the record owner of the
property in question, is an inactive New York corporation.
Federal courts are courts of limited jurisdiction. Based on the allegations concerning the
parties, the only basis for this Court to exercise jurisdiction would be if the action arose under the
Constitution or some federal law. See 28 U.S.C. § 1331. It does not, at least not in any way that
is apparent from the face of the complaint. The action appears to present a common law claim
under the law of the State of New York and must be brought in the New York state courts, not a
federal court.
The complaint is therefore dismissed. Plaintiff may file an amended complaint within 21
days ifhe can explain how this case involves the United States Constitution or some federal law.
If he fails to file an amended complaint within this period, the action will be marked closed.

This Court certifies, pursuant to 28 U.S.c. § 1915(a)(3), that any appeal from this Order
would not be taken in good faith and therefore in forma pauperis status is denied for purpose of
an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917 (1962).
SO ORDERED.
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u.s.D.l
Dated: Brooklyn, New York
June 21,2011

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