Carson v. Haider

Filing 3

ORDER DISMISSING CASE signed by Judge J.P. Stadtmueller on 2/24/2017. Action DISMISSED without prejudice. 2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee DENIED as moot. (cc: all counsel, via mail to Michael Carson)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL CARSON,
Plaintiff,

Case No. 17-CV-237-JPS

v.
JOE HAIDER,
Defendant.

ORDER

The plaintiff has filed a pro se complaint alleging racial discrimination.
(Docket #1). This matter comes before the Court on the plaintiff’s petition to
proceed in forma pauperis. (Docket #2). Notwithstanding the payment of any
filing fee, the Court must dismiss a complaint if it raises claims that are
“frivolous or malicious,” that fail to state a claim upon which relief may be
granted, or that seek monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B).
The plaintiff’s complaint must be dismissed for want of subject matter
jurisdiction. Federal courts are courts of limited jurisdiction, and may only
hear cases in two primary categories: 1) those raising issues of federal law,
known as “federal question” jurisdiction, and 2) those between parties who
are citizens of different states and which involve an amount in controversy
exceeding $75,000.00, known as “diversity” jurisdiction. See 28 U.S.C. §§ 1331
and 1332(a).
The plaintiff has not properly invoked either form of jurisdiction. The
first sentence of the factual allegations states that “I [the plaintiff] have
initiated the start of a legal lawsuit; Process of Discrimination under
Wisconsin Fair Housing Law, Chapter 106 Wisconsin statutes.” (Docket #1
at 3). This is a claim made explicitly under Wisconsin, not federal, law.

Diversity is also lacking. The plaintiff pleads that both he and the defendant
are citizens of Wisconsin. Id. at 1-2. The complaint must, therefore, be
dismissed without prejudice. The plaintiff’s motion to proceed in forma
pauperis will be denied as moot.
Accordingly,
IT IS ORDERED that this action be and the same is hereby
DISMISSED without prejudice; and
IT IS FURTHER ORDERED that the plaintiff’s motion for leave to
proceed in forma pauperis (Docket #2) be and the same is hereby DENIED as
moot.
The Clerk of Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 24th day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

Page 2 of 2