Iverson v. VenuWorks

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Chief Judge Ralph R. Erickson. Plaintiff's complaint is dismissed without prejudice for lack of subject matter jurisdiction. (SH)

-KKK Iverson v. VenuWorks

Doc. 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHEASTERN DIVISION Juliane M. Iverson, Plaintiff, -vsVenuWorks formerly known as Compass Facilities Management, Inc./Alerus Center and Camrud Maddock Olson & Larson Ltd., Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. 2:11-cv-17

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that Plaintiff's complaint be dismissed without prejudice for lack of subject matter jurisdiction (Doc. #7). Iverson submitted for filing a series of documents that the Court construes as objections to the Report and Recommendation (Doc. #8). After considering the magistrate judge's Report and Recommendation, conducting a de novo review of Iverson's objections, and reviewing the entire file, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, IT IS HEREBY ORDERED that Iverson's complaint be dismissed without prejudice for lack of subject matter jurisdiction. The Court hereby certifies that an appeal from the dismissal of this action may not be taken in forma pauperis because such an appeal would be frivolous and cannot be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Iverson has not alleged any basis for the Court's jurisdiction or any actionable legal theory. A pro se complainant, although granted in forma pauperis status, has "no right to prostitute the processes of the court by bringing a frivolous action." Galvan v. Cameron Mut. Ins. Co., 831 F.2d 804, 805 (8th Cir. 1987) (quoting Duhart v. Carlson, 469

Dockets.Justia.com

F.2d 471, 478 (10th Cir. 1972)). Every pro se litigation as a duty to inquire into whether the claim is worth pursuing further. Id. An otherwise qualified litigant may be denied leave to proceed in forma pauperis when the litigant has repeatedly and unsuccessfully filed non-meritorious lawsuits. Douris v. Middletown Twp., 293 Fed.Appx. 130, 132-133 (3d Cir. 2008). The Court finds any appeal taken by Iverson would not be in good faith and, therefore, denies leave to proceed in forma pauperis. IT IS SO ORDERED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this 5th day of April, 2011. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

2