Northington v. St. Louis County Government, No. 4:2010cv00617 - Document 5 (E.D. Mo. 2010)

Court Description: OPINION MEMORANDUM & ORDER. IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [Doc. #3] is GRANTED. IT IS FURTHER ORDERED that this case is DISMISSED for lack of jurisdiction. An appropriate Order of Dismissal shall accompany this Memorandum and Order. See Order for further details. Signed by Honorable Henry E. Autrey on 05/03/2010. (CBL)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CURTIS L. NORTHINGTON, JR., ) ) Plaintiff, ) ) v. ) ) ST. LOUIS COUNTY GOVERNMENT, ) ) Defendant. ) No. 4:10CV617 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on its own motion. Rule 12(h)(3) of the Federal Rules of Civil Procedure states: If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. Plaintiff brings this action for breach of contract against the St. Louis County Government. Plaintiff alleges that he entered into a contract with defendant for three dollars fifteen years ago. Plaintiff says that the face value of the contract today is $25,000. Plaintiff seeks money damages in the amount of $25,000. The Court lacks jurisdiction over this matter because diversity jurisdiction does not exist and the case involves no federal question. As a result, the Court will dismiss this matter pursuant to Rule 12(h)(3). Accordingly, IT IS HEREBY ORDERED that plaintiff s motion to proceed in forma pauperis [Doc. #3] is GRANTED. IT IS FURTHER ORDERED that this case is DISMISSED for lack of jurisdiction. An appropriate Order of Dismissal shall accompany this Memorandum and Order. Dated this 3rd day of May, 2010. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-