Konczal, Angelia v. St. Croix Casino Turtle Lake et al

Filing 9

ORDER that plaintiff Angelia R. Konczal's 7 request to proceed in forma pauperis is DENIED; plaintiff's 6 amended complaint is DISMISSED for lack of subject matter jurisdiction; and the clerk of court is directed to close this case. Signed by District Judge William M. Conley on 11/18/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ANGELIA R. KONCZAL,
Plaintiff,

OPINION AND ORDER

v.
14-cv-032-wmc
ST. CROIX CASINO TURTLE LAKE, and
U.S. GOVERNMENT,

Defendants.
On August 12, 2014, the court dismissed pro se plaintiff Angelia R. Konczal’s
complaint against St. Croix Casino Turtle Lake and the U.S. Government for lack of
subject matter jurisdiction and directed the clerk of court to return her $400 filing fee.
(Dkt. #4.)

Konczal responded to this court’s order by filing a proposed amended

complaint (dkt. #6), a letter to the clerk which appears to request a change of venue and
contains additional allegations (dkt. #8), and a motion for leave to proceed in forma
pauperis (dkt. #7). Once again, the court is unable to discern a distinct understandable
claim from plaintiffs’ filings. As such, the court will deny plaintiff leave to proceed in
forma pauperis, will dismiss her complaint, and direct the clerk of court to close this case.
As previously explained to plaintiff, a district court must dismiss a complaint for
lack of subject matter jurisdiction if the claims stated are “so insubstantial, implausible,
foreclosed by prior decisions of [the United States Supreme Court], or otherwise
completely devoid of merit as not to involve a federal controversy.” Steel Co. v. Citizens
for a Better Env’t, 523 U.S. 83, 89 (1998) (citing Oneida Indian Nation of N.Y. v. Cnty. of
Oneida, 414 U.S. 661, 666 (1974)). While plaintiff appears frustrated by this court’s

inability to understand her claim or claims, the court fails to follow the allegations in her
complaint and urges plaintiff to consider contacting an attorney to discuss her allegations
and craft possible claims.

ORDER
IT IS ORDERED that:
1) plaintiff Angelia R. Konczal’s request to proceed in forma pauperis (dkt. #7) is
DENIED;
2) plaintiff’s amended complaint (dkt. #6) is DISMISSED for lack of subject
matter jurisdiction; and
3) the clerk of court is directed to close this case.
Entered this 18th day of November, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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