United States District Court, N.D. Illinois, Eastern Division
October 4, 2005.
ANN I. MURAL, Individual Plaintiff,
HSBC BANK, NEVADA, N.A., et al. Defendants.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Plaintiff moves to proceed in forma pauperis and for
appointment of counsel. Those motions are denied.
Plaintiff does not disclose her income from Office Depot, so we
have no way of knowing whether she can afford the relatively
modest filing fee and related expenses. Moreover, her complaint
discloses no basis for federal jurisdiction. She claims both
diversity and federal question jurisdiction. She alleges she had
a credit card issued by Household Bank with a $1,500 credit limit
and that she (apparently) got behind when she lost her
employment. From her exhibits, it appears she received two
collection letters from a debt collector, seeking payment of
approximately $2,000. She claims that somehow defendants are
improperly forcing her to arbitrate, but the basis for that claim
nowhere appears in the complaint or the exhibits. The State of
Illinois is named as a party, but no basis for such a claim is
apparent. Besides, Illinois is immune pursuant to the Eleventh
Amendment and its presence would destroy diversity. Further,
there is no reason to believe that the damages could reach
$75,000, the diversity jurisdiction threshold, even if diversity
was properly alleged, which it is not. Finally, we see no basis
for a federal claim. Neither HSBC Bank nor the debt collector are
state actors, a necessity for a civil rights claim, and we can
discern no civil rights claim even if there were. This matter is referred to the Executive Committee. Plaintiff
has, apparently, filed numerous lawsuits over the years in
federal court. Some restrictions upon her filings may be in
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