Rankin v. AAAA Self Storage, No. 6:2014cv00054 - Document 4 (W.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 12/18/14. (hnw)
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Rankin v. AAAA Self Storage Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA LYNCHBURG DIVISION DEBORA K. RANKIN, CASE NO. 6:14-cv-00054 Plaintiff, MEMORANDUM OPINION v. AAAA SELF STORAGE, JUDGE NORMAN K. MOON Defendant. This matter is before me on consideration of pro se Plaintiff Debora Rankin’s complaint and application to proceed in forma pauperis. In her complaint, Plaintiff seeks an order preventing Defendant AAAA Self Storage from auctioning her storage unit. Plaintiff claims “federal question” as the basis for jurisdiction here, but she has failed to identify a federal statute that supports her claim. Moreover, there is no indication that the requirements of diversity jurisdiction can be met, as both Plaintiff and Defendant are Virginia residents. Accordingly, the Court will grant Plaintiff’s application to proceed in forma pauperis and will dismiss the action for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(h) (requiring courts to dismiss an action “at any time” in the event it determines that subject-matter jurisdiction is wanting); Neitkze v. Williams, 490 U.S. 319, 327 n.6 (1989) (noting that “[a] patently insubstantial complaint may be dismissed, for example, for want of subject-matter jurisdiction”). An appropriate order follows. 18th Entered this ______ day of December, 2014 . Dockets.Justia.com
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