Carter v. Chase Bank et al

Filing 9

OPINION AND ORDER DISMISSING CASE; This case is DISMISSED WITHOUT PREJUDICEfor lack of jurisdiction. The Clerk is directed to mail a copyof the complaint and this order to the plaintiff and to all nameddefendants to the extent that the pleadings permit the Clerk todetermine their addresses. Signed by Judge James L Graham on 12/7/12. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Cardional Anna Vines Carter,
Plaintiff,

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v.
Chase Bank, et al.,

Case No. 2:12-cv-953
JUDGE JAMES L. GRAHAM
Magistrate Judge Kemp

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Defendants.

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OPINION AND ORDER

In an order filed on October 22, 2012, the Court granted
plaintiff’s motion for leave to proceed in forma pauperis but
noted that the complaint did not set forth enough facts to state
a plausible claim for relief and that it also did not allege
facts, such as the citizenship of the parties or the amount in
controversy, from which the Court’s jurisdiction could be
determined.

The order gave her 21 days within which to file an

amended complaint showing the State of citizenship of each of the
defendants, and which more completely describes how she has
suffered damage - particularly the loss of money - of more than
$75,000.

That order also warned her that if she did not do so,

the case would be dismissed.
Ms. Carter has since filed two documents.

One, filed on

October 25, 2012, appears to contain information to be added to
the complaint, but it sheds no light on what type of claim she
was asserting or why this Court might have jurisdiction.

The

other document, which Ms. Carter designated for filing in three

cases, cites to a number of provisions of Ohio law dealing with
hospitals.

That document does not appear to relate to this case

at all, nor does it demonstrate that she and all of the
defendants are citizens of different states or that the amount in
controversy in this case exceeds $75,000.

It also does not

demonstrate that she has asserted any claim arising under the
Constitution or laws of the United States.

As a result, the

problems which the October 22, 2012 order pointed out still
exist.

In the absence of jurisdiction, the Court cannot proceed

with the case, and there are simply no plausible factual
allegations here from which jurisdiction could be inferred.
For these reasons, this case is DISMISSED WITHOUT PREJUDICE
for lack of jurisdiction.

The Clerk is directed to mail a copy

of the complaint and this order to the plaintiff and to all named
defendants to the extent that the pleadings permit the Clerk to
determine their addresses.
IT IS SO ORDERED.

Date: December 7, 2012

s/James L. Graham
James L. Graham
United States District Judge

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