Garcia v. Extra Space Storage
| Pastor Garcia |
| Extra Space Storage |
| 1:2025cv00064 |
| February 18, 2025 |
| U.S. District Court for the District of Rhode Island |
| John J McConnell |
| Patricia A Sullivan |
| Negotiable Instrument |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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| Document Text |
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| Filing 4 Mail Returned: Mail sent to Pastor Garcia returned as undeliverable re: Text Order dated 3/4/2025. (Gonzalez Gomez, Viviana) |
TEXT ORDER dismissing case and denying as moot #2 Motion for Leave to Proceed in forma pauperis. The plaintiff, Paster Garcia, has filed this action alleging a breach of contract and "failure to respond." While he recites a further claim for "emotional and financial harm," that is a statement of damages, not a cause of action. Because Mr. Garcia has also filed an Application to Proceed In Forma Pauperis ("IFP"), without prepayment of the filing fee, the Court must screen the Complaint to determine whether it states a plausible federal claim for relief. 28 U.S.C. 1915(e)(2)(B)(ii). It has done that and finds that the Complaint neither pleads a viable basis for federal jurisdiction nor does it state a plausible claim for relief even if there were jurisdiction. Mr. Garcia has checked off the box for "federal question," but cites no federal statute or constitutional provision creating a cause of action for what seems to be a contractual dispute. Federal courts are courts of limited jurisdiction and in the absence of subject matter jurisdiction, they cannot act. Rotondo v. Salisbury, No. 24-cv-01338, 2024 WL 4529691, at *1 (1st Cir. July 10, 2024). Beyond that, Mr. Garcia complains that he had a contract with the defendant, proposed a novation (a substitute contract) and the defendant failed to respond. But he has attached no contract and authority for the requirement that a party to a contract respond to a novation, which must be mutually agreed-to before it is effective. Jewel Company of America v. George, 373 A.2d 1200, 1202 (R.I. 1977). Because this Complaint states at most a state law cause of action, which perhaps could be heard in the state courts if there is a legally cognizable claim at all, and because the Court does not have subject matter jurisdiction, the Court does not extend leave to amend. The case is DISMISSED and the IFP Application is DENIED as moot. So Ordered by Chief Judge John J. McConnell, Jr. on 3/4/2025. (Jackson, Ryan)
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| Filing 3 CASE OPENING NOTICE ISSUED (Hill, Cherelle) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Pastor Garcia. (Hill, Cherelle) |
| Filing 1 COMPLAINT, filed by Pastor Garcia. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Hill, Cherelle) |
| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle) |
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| Plaintiff: Pastor Garcia | |
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| Defendant: Extra Space Storage | |
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