Kersey v. Deal Mayor
| George Kersey |
| Deal Mayor |
| 1:2024cv10211 |
| January 26, 2024 |
| US District Court for the District of Massachusetts |
| Paul G Levenson |
| Indira Talwani |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| None |
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| Document Text |
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| Filing 6 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Phillips, Sophie) |
| Filing 5 Magistrate Judge Paul G. Levenson: ORDER entered. REPORT and RECOMMENDATION and ORDER TO REASSIGN CASE re #1 Complaint filed by George Kersey Recommendation: I recommend that the Court dismiss this action without prejudice Objections to R&R due by 3/14/2024(Dumoulin, Rose) |
| Filing 4 Magistrate Judge Paul G. Levenson: ORDER entered. Plaintiff is directed to show cause, no later than February 23, 2024, why this action should not be dismissed for lack of subject matter jurisdiction. This Court has an independent obligation to inquire sua sponte into its own subject matter jurisdiction. McCulloch v. Velez , 364 F.3d 1, 5 (1st Cir. 2004). If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. Fed. R. Civ. P. 12(h)(3). The Court discerns no federal question plausibly pleaded on the face of the complaint under 28 U.S.C. 1331. Additionally, although Plaintiff does not assert diversity jurisdiction under 28 U.S.C. 1332, the Court has considered whether jurisdiction might be available under that statute. Diversity jurisdiction has two requirements. First, the citizenship of the parties must be diverse, i.e., the plaintiff and defendant must be citizens of different states. For present purposes, the Court will assume that the first requirement is satisfied here. Second, the amount in controversy must be at least $75,000. See 28 U.S.C. 1332(a). Here, it is evident on the face of the complaint that there is only $50,000 in controversy. See Compl. para. 4. Thus, the second requirement for diversity jurisdiction is not met. Accordingly, the Court appears to lack jurisdiction over this action. It appears, therefore, that the action must be dismissed. Failure to comply with this order will likely result in dismissal of the action by a United States District Judge. Summonses shall not issue absent further order of the Court.(Dumoulin, Rose) |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge Paul G. Levenson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Cowan, Nicole) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by George Kersey.(Castilla, Francis) |
| Filing 1 COMPLAINT against Deal Mayor, filed by George Kersey.(Castilla, Francis) |
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| Plaintiff: George Kersey | |
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| Defendant: Deal Mayor | |
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