United States District Court, D. Kansas
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND
TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK
P. O'Hara U.S. Magistrate Judge.
proceeding pro se, asserts claims of slander and libel
against Sporting Kansas City Soccer Club and five individual
defendants. He has moved to proceed with this action in forma
pauperis (ECF No. 3). As discussed below, his motion to
proceed in forma pauperis is granted, but he is ordered to
show cause by June 20, 2019, why this case
should not be dismissed for lack of subject-matter
Motion to Proceed In Forma Pauperis
filing this action, plaintiff moved to proceed in forma
pauperis. Section 1915 of Title 28 of the United States Code
allows the court to authorize the commencement of a civil
action “without the prepayment of fees or security
therefor, by a person who submits an affidavit [asserting] .
. . the person is unable to pay such fees or give security
therefor.”To succeed on a motion to proceed in forma
pauperis, the movant must show a financial inability to pay
the required filing fees. The decision to grant or deny
in-forma-pauperis status under § 1915
lies within the “wide discretion” of the trial
court. Based on the information contained in the
affidavit accompanying his motion,  plaintiff has shown a
financial inability to pay the required filing fee. The court
therefore grants plaintiff leave to proceed without
prepayment of the filing fee pursuant to
Screening under 28 U.S.C. §
party is given leave to proceed in forma pauperis,
§ 1915(e)(2) requires the court to
screen the party's complaint to see if it states a claim
upon which the court can grant relief. The screening
procedure set out in § 1915(e)(2)
applies to all litigants, prisoners and non-prisoners
screening plaintiff's complaint, the undersigned U.S.
Magistrate Judge, James P. O'Hara, finds it does not
clearly establish this court's subject-matter
jurisdiction. The nature of plaintiff s claims indicate
plaintiff is attempting to proceed in this court under the
diversity jurisdiction granted by 28 U.S.C. § 1332. As
applicable here, § 1332 grants the court jurisdiction in
civil actions “between citizens of different
states.” Plaintiff alleges he is a citizen of Missouri.
Thus, for diversity purposes, if either Sporting Kansas City
Soccer Club or any of the individual defendants are
also citizens of Missouri, the court does not have
jurisdiction to hear this case. Plaintiff's complaint
suggests defendant Andrea Kimball is a citizen of
Missouri. It is silent as to the citizenship of the
by June 20, 2019, plaintiff must show cause
in writing to the presiding U.S. District Judge, Daniel D.
Crabtree, why this case should not be dismissed for lack of
subject-matter jurisdiction. If plaintiff does not make a
timely showing of jurisdiction, the undersigned recommends
the case be dismissed.
is hereby informed that, within 14 days after he is served
with a copy of this order, he may, pursuant to 28 U.S.C.
§ 636(b)(1) and Fed.R.Civ.P. 72, file written objections
to the order. Plaintiff must file any objections within the
14-day period allowed if he wants to have appellate review of
the proposed findings of fact, conclusions of law, or the
recommended disposition. If no objections are timely filed,
no appellate review will be allowed by any court.
Clerk is directed to send a copy of this order to plaintiff
by regular and certified mail.