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John A. Fitzmaurice v. Christine Gilbert

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 9, 2012

JOHN A. FITZMAURICE, PLAINTIFF,
v.
CHRISTINE GILBERT, KEVIN BAME, BRETT PATTON, SOUTHERN ILLINOIS UNIVERSITY CARBONDALE,
PHILLIP DAVID STEWART, LINDA MCCABE SMITH, COREY S. BRADFORD, RITA HARTUNG CHENG AND PHILLIP GATTON, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on review of plaintiff John A. Fitzmaurice's complaint (Doc. 1), motion for leave to proceed in forma pauperis (Doc. 2) and motion for appointment of counsel (Doc. 4). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. § 1915(a)(1). Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(i) & (ii).

While the Court is satisfied from Fitzmaurice's affidavit that he is indigent, he has failed to state a claim over which this Court has jurisdiction. The Court is unable to detect in the complaint any claim arising under the Constitution, laws or treaties of the United States such that federal question jurisdiction exists. See 28 U.S.C. § 1331. Nor is there any suggestion that there is diversity jurisdiction, see 28 U.S.C. § 1332, or any other basis for federal jurisdiction. In sum, it appears this Court does not have the authority to hear Fitzmaurice's grievances or grant him any relief. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. 2), DISMISSES this case for lack of jurisdiction pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), DENIES as moot the motion for appointment of counsel (Doc. 4) and DIRECTS the Clerk of Court to enter judgment accordingly. This ruling does not prevent Fitzmaurice from pursuing relief in another non-federal forum.

IT IS SO ORDERED.

J. Phil Gilbert

20120109

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