Lecker v. Phillips
ORDER DISMISSING the complaint for lack of jurisdiction, the plaintiff's 2 Motion for Leave to Proceed in forma pauperis is GRANTED, and the filing fee is waived, signed by Judge William C Griesbach on May 24, 2006. (cc: all counsel) (Griesbach, William)
Lecker v. Phillips
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UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF WISCONSIN
RONALD LECKER, Plaintiff, v. MARISSA PHILLIPS, Defendant. Case No. 06-C-599
Plaintiff Ronald Lecker has filed a complaint against his former landlord, Marissa Phillips. In it, he details a pattern of harassment and unwanted sexual advances by the landlord. When Phillips realized her feelings were unrequited, she evicted Lecker. Moreover, according to the complaint, she has lied about him to authorities and has obtained a restraining order against him. The plaintiff seeks expungement of the restraining order from his permanent record as well as $25,000 in damages for pain and suffering. Although the complaint sets forth a disturbing fact pattern, it does not state a federal claim. Federal courts have jurisdiction only over actions involving federal law or actions between individuals who are citizens of different states. In the latter case, the amount in controversy must exceed $75,000. None of those conditions to federal jurisdiction are present in the plaintiff's complaint.
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Accordingly, the complaint is dismissed for lack of jurisdiction. The plaintiff's motion to proceed in forma pauperis is granted, and the filing fee is waived. SO ORDERED this 24th day of May, 2006.
s/ William C. Griesbach William C. Griesbach United States District Judge
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