Wilson v. Sheehan et al

Filing 12

ORDER signed by Judge J P Stadtmueller on 6/12/09 that 1 the complaint is dismissed without prejudice. (cc: plaintiff, all counsel)(nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ C O R E Y W IL S O N , Plaintiff, v. P A T R IC K SHEEHAN, ROBERT METZGER, R O R Y HART, and ROBERT ADAMS, D e fe n d a n ts . ____________________________________________ C a s e No. 09-CV-189

ORDER
O n February 23, 2009, plaintiff Corey W ils o n ("W ils o n ") filed a pro se c o m p la in t using this district's standardized civil rights complaint form. (Docket #1). T h e complaint alleges that the named defendants, his former and/or current b u s in e s s associates, breached several agreements relating to the manufacture and s a le of insulated football helmet-shaped hats for football fans. Wilson alleges that h e was granted a patent for inventing the helmet-shaped hats in 2002. Wilson also a lle g e s that he has suffered some racial discrimination during his business dealings. O n March 23, 2009, one of the defendants, Patrick Sheehan ("Sheehan"), filed an a n s w e r pro se. (Docket #5). Then, on May 15, 2009, W ils o n and Sheehan filed

w h a t appears to be a settlement agreement in which W ils o n agrees to dismiss this la w s u it without prejudice. (Docket #11). B e c a u s e the court finds it lacks subject matter jurisdiction over this case, the c o u rt is obliged to dismiss this case notwithstanding the purported settlement. See

F e d . R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subjectm a tte r jurisdiction, the court must dismiss the action). Despite the fact that W ils o n o u tlin e d his allegations on a civil rights complaint form, Wilson's complaint does not a lle g e a civil rights case. For there is no alleged state actor involved, or any alleged c o n s p ira c y to deprive W ils o n of any of his constitutional rights. 42 U.S.C. §§ 1983 a n d 1985(3). Nor does W ils o n state a claim under 42 U.S.C. § 1981, which

p ro s c rib e s private discrimination against racial minorities that results in a deprivation o f one or more rights enumerated in § 1981, including the right to make and enforce c o n tra c ts . See Black Agents & Brokers Agency, Inc. v. Near North Ins. Brokerage, In c ., 409 F.3d 833, 837 (7th Cir. 2005). The only discrimination W ils o n alleges is on th e part of certain corporate entities with whom W ils o n and his business associates w e re doing business. They were not made parties to this case. To the extend W ils o n makes allegations relating to a patent he may have o b ta in e d , W ils o n 's complaint is also insufficient to invoke the court's jurisdictional p o w e r . The court's jurisdiction to hear patent law cases "extends only to those c a s e s in which a well-pleaded complaint establishes either that federal patent law c re a te s the cause of action or that . . . patent law is a necessary element of one of the well-pleaded claims." U.S. Valves, Inc. v. Dray, 190 F.3d 811, 813 (7th Cir. 1 9 9 9 ). W ils o n 's complaint only alleges that the defendants may have breached an a g re e m e n t on royalties. Wilson's claim for relief is not dependent whatsoever on the

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va lid ity of his patent. W ils o n 's complaint sets forth a contract claim, and nothing m o re . Since it is also evident from the complaint that at least one of the named d e fe n d a n ts does not have diverse citizenship from W ils o n , diversity jurisdiction u n d e r 28 U.S.C. § 1332(a) cannot support the court's power to adjudicate this case. A s a result, the court will dismiss this case without prejudice to any future complaint W ils o n may file that properly invokes the court's subject matter jurisdiction. A c c o r d in g ly , I T IS ORDERED that the complaint (Docket #1) be and the same is hereby D IS M IS S E D without prejudice. T h e clerk is directed to enter judgment accordingly, D a te d at Milwaukee, W is c o n s in , this 12th day of June, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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