Anderson v. Wilburn
| Jaaliyah N. Anderson |
| Stevie Wilburn |
| 1:2021cv04866 |
| September 14, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Other Fraud |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 5 MINUTE entry before the Honorable John F. Kness: Upon review of the two-sentence Complaint, the Court orders the following jurisdictional inquiry. Plaintiff premises subject matter jurisdiction exclusively on federal question under 28 U.S.C. 1331. See #2 . But Plaintiff does not cite to any federal statute in its complaint. See #1 . Instead, the Complaint in full reads: "The defendant, Stevie Wilburn has used my social security number to commit fraud. I have not authorized her to use it." #1 . From this, it is not clear that federal jurisdiction exists. Unlike state courts, federal courts are courts of limited subject matter jurisdiction and "are obliged to police the constitutional limitations on their jurisdiction." Bazile v. Fin. Sys. Of Green Bay, Inc., 983 F.3d 274, 278 (7th Cir. 2020). Federal courts only have the power to hear a case if that power is granted by the Constitution and authorized by statute. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Thus, "federal courts have an independent obligation to ensure that they do not exceed the scope of their jurisdiction, and therefore must raise and decide jurisdictional questions." Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 434 (2001). Accordingly, the Court orders Plaintiff to file a short jurisdictional memorandum identifying a basis in support of subject matter jurisdiction based on a federal question of law. The Plaintiff is warned that the Court must dismiss actions where no basis for subject matter jurisdiction is pleaded in the complaint. Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action"). This jurisdictional memorandum must be filed on or before 10/19/2021. Plaintiff is reminded that pro se parties can call the Clerk's Office at (312) 435-5691 to make an appointment with the pro se help desk. In addition, pro se parties can also contact the Hibbler Help Desk by email at hibbler@legalaidchicago.org to make a remote appointment. Mailed notice (ef, ) |
| Filing 4 APPLICATION by Plaintiff Jaaliyah N. Anderson for leave to proceed in forma pauperis (jn, ) |
| Filing 3 PRO SE Appearance by Plaintiff Jaaliyah N. Anderson (jn, ) |
| Filing 2 CIVIL Cover Sheet (jn, ) |
| Filing 1 RECEIVED Complaint and no copies by Jaaliyah N. Anderson. (jn, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jn, ) |
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| Plaintiff: Jaaliyah N. Anderson | |
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| Defendant: Stevie Wilburn | |
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