Bondick v. Cambridge Real Estate Services
| Robert Bondick |
| Cambridge Real Estate Services |
| 2:2022cv04064 |
| April 26, 2022 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
| Plaintiff |
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Filing 3
Order by Judge Nanette K. Laughrey. Before the Court is Plaintiff's #1 Pro Se Motion for Leave to Proceed In Forma Pauperis and Appoint Counsel. The Court DENIES the Motion and orders this case be dismissed for lack of personal jurisdiction. Plaintiff bears the burden of pleading "sufficient facts to support a reasonable inference that the defendant[] can be subjected to jurisdiction within the state." Creative Calling Sols., Inc. v. LF Beauty Ltd., 799 F.3d 975, 979 (8th Cir. 2015) (internal citation omitted). When an in forma pauperis applicant files a complaint that does not include any allegations supporting personal jurisdiction over the named defendant, the case can be dismissed sua sponte. Sanders v. United States, 760 F.2d 869, 87172 (8th Cir. 1985) (per curiam). Here, Plaintiff alleges Defendant (an Oregon company) committed wrongdoing (in Oregon) against Plaintiff (while he was living in Oregon). There are no allegations that Defendant has a presence in Missouri, conducts business in Missouri, or has any ties or connections to Missouri whatsoever that could satisfy the Missouri Long Arm Statute or otherwise constitute sufficient "minimum contacts" with Missouri. Northrup King Co. v. Compania Productora Semillas Algodoneras Selectas, S.A., 51 F.3d 1383, 1387 (8th Cir. 1995) (internal citations omitted). Even construing the Complaint liberally and in Plaintiff's favor, no allegations exist to support either of the two elements required for this Court to properly exercise personal jurisdiction. See id. (discussing the two-step analysis required for finding personal jurisdiction: first, compliance with the forum state's long-arm statute, and second, compliance with the Constitution's due process requirement). Even without personal jurisdiction over Defendant, this Court could, in the interest of justice, transfer this case to "any other such court in which the action... could have been brought at the time it was filed." 28 U.S.C. 1631. However, doing so is inappropriate here for two reasons. First, in the Eighth Circuit, a transfer, rather than dismissal, is appropriate in these circumstances "when a plaintiff in good faith filed in the wrong court and the statute of limitations would have run before he could refile properly." Gunn v. U.S. Dep't of Agric., 118 F.3d 1233, 1240 (8th Cir. 1997) (internal citation omitted). While the Court struggles to construe some of Plaintiff's claims, which at times appear to rely on criminal statutes unavailable for private enforcement, the Court can see no new statute of limitation issue which would have arisen after the Plaintiff filed in this Court. Furthermore, second, Plaintiff filed a substantially similar (if not identical) case in this Court, in which Defendant, Cambridge Real Estate Service, was named. That case was transferred to the District of Oregon, the only other Court in which this case, seemingly, could have been brought. See Doc. 4, Bondick v. Cambridge Real Estate Services, et al., 2:22-cv-4061. It is not in the interest of justice to facilitate duplicative litigation. Plaintiff will have every opportunity to litigate his claims in that case in Oregon, and therefore the Court will not transfer this case. Accordingly, Plaintiff's #1 Pro Se Motion for Leave to Proceed In Forma Pauperis and Appoint Counsel is DENIED and this case is DSIMISSED. The Clerk's Office is respectfully directed to mail a copy of this Order to the pro se Plaintiff. Signed on 5/6/2022 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin) Modified on 5/9/2022 to reflect copy of NEF mailed to Robert Bondick, 1612 N. Providence Road, #270, Columbia, MO 65202 (Warren, Melissa).
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| Filing 2 FINANCIAL AFFIDAVIT by Robert S Bondick. (Woods, Gloria) |
| Filing 1 Pro Se MOTION for leave to proceed in forma pauperis filed by Robert S Bondick. Suggestions in opposition/response due by 5/10/2022 unless otherwise directed by the court. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Envelope)(Woods, Gloria) |
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| Plaintiff: Robert Bondick | |
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