Jones v. Colonial Heights/Chesterfield Crime Solvers
Justin L. Jones |
Michelle C. Wilson and Colonial Heights/Chesterfield Crime Solvers |
3:2018cv00823 |
November 28, 2018 |
US District Court for the Eastern District of Virginia |
John A Gibney |
Assault Libel & Slander |
28 U.S.C. ยง 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 AMENDED ORDER. The Court failed to include a notice to the plaintiff of any appeal rights he might have. Accordingly, the Court VACATES the Order and enters this Amended Order in its place. The Court DISMISSES this case WITHOUT PREJUDICE. Plaintiff advised of right to appeal within thirty (30) days of the date of entry hereof. Signed by District Judge John A. Gibney, Jr. on 12/27/2018. (Copy of Order mailed to Plaintiff) (smej, ) |
Filing 7 (VACATED PER ORDER #8 ) ORDER that this matter comes before the Court on its own initiative. On December 3, 2018, the Court ordered the plaintiff to explain why the Court has subject matter jurisdiction over his case. (Dk. No. #4 .) The plaintiff has not complied with that Order. As the Court previously explained, federal courts are courts of limited jurisdiction. They can only hear cases that present a federal question, 28 U.S.C. 1331, and cases for over $75,000 that arise between citizens of different states, 28 U.S.C. 1332. If a case fits neither of these situations, the court lacks subject matter jurisdiction. Accordingly, federal courts have a "duty to inquire, sue sponte, whether a valid basis for jurisdiction exists, and to dismiss the action if no such ground appears." In re Bulldog Trucking, Inc., 141 F.3d 347, 352 (4th Cir. 1998). Here, the plaintiff has not identified, and the Court cannot find, a valid basis for either federal question or diversity jurisdiction. Because the Court lacks subject matter jurisdiction, the Court DISMISSES this caseWITHOUT PREJUDICE. See Fed. R. Civ. P. 12(h)(3). It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 12/26/2018. Copy mailed to Plaintiff. (walk, ) Modified docket text on 12/27/2018 (smej, ). |
Filing 6 Summons Returned Unexecuted by Justin L. Jones as to Michelle C. Wilson, Registered Agent. (Attachment: #1 Letter from Plaintiff). (walk, ) |
Filing 5 AMENDED COMPLAINT filed by Justin L. Jones against Colonial Heights/Chesterfield Crime Solvers. (Attachments: #1 Exhibit A-E (6 Pages) and #2 Local 83.1(M) Certification Form). (walk, ) |
Filing 4 ORDER that this matter comes before the Court on its own initiative. On November 28, 2018, the plaintiff filed a complaint against Michelle C. Wilson. Federal courts are courts of limited jurisdiction. They can only hear cases that present a federal question, 28 U.S.C. 1331, and cases for over $75,000 that arise between citizens of different states, 28 U.S.C. 1332. If a case fits neither of these situations, the court lacks subject matter jurisdiction. Accordingly, federal courts have a "duty to inquire, sue sponte, whether a valid basis for jurisdiction exists, and to dismiss the action if no such ground appears." In re Bulldog Trucking, Inc., 147 F.3d 347,352 (4th Cir. 1998). The Court, therefore, DIRECTS the plaintiff to identify why this Court has either federal question or diversity jurisdiction over his case within fourteen (14) days of this Order. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 12/03/2018. Copy mailed to Plaintiff. (walk, ) |
Filing 3 Letter from the Clerk mailed to Plaintiff. (walk, ) |
Filing 2 Summons Issued as to Michelle C. Wilson; Plaintiff provided with a copy of Rule 4. (walk, ) |
Filing 1 COMPLAINT filed by Justin L. Jones against Michelle C. Wilson. (Filing Fee Paid: $400.00, Receipt Number: 34683042139). (Attachments: #1 Unmarked Exhibits and #2 Receipt). (walk, ) |
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