Rankin v. AAAA Self Storage

Filing 4

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 12/18/14. (hnw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION
DEBORA K. RANKIN,

CASE NO. 6:14-cv-00054
Plaintiff,

MEMORANDUM OPINION

v.
AAAA SELF STORAGE,

JUDGE NORMAN K. MOON
Defendant.

This matter is before me on consideration of pro se Plaintiff Debora Rankin’s complaint
and application to proceed in forma pauperis.

In her complaint, Plaintiff seeks an order

preventing Defendant AAAA Self Storage from auctioning her storage unit. Plaintiff claims
“federal question” as the basis for jurisdiction here, but she has failed to identify a federal statute
that supports her claim. Moreover, there is no indication that the requirements of diversity
jurisdiction can be met, as both Plaintiff and Defendant are Virginia residents. Accordingly, the
Court will grant Plaintiff’s application to proceed in forma pauperis and will dismiss the action
for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(h) (requiring courts to dismiss an
action “at any time” in the event it determines that subject-matter jurisdiction is wanting);
Neitkze v. Williams, 490 U.S. 319, 327 n.6 (1989) (noting that “[a] patently insubstantial
complaint may be dismissed, for example, for want of subject-matter jurisdiction”).
An appropriate order follows.
18th
Entered this ______ day of December, 2014

.