Failure to Allege a Short and Plain Statement of a Claim is Fatal to Suit
Post 5095
Even a Pro Se Plaintiff Must Allege Subject Matter Jurisdiction
See the full video at https://lnkd.in/g2Wqs2-b and at https://lnkd.in/gEWNcEzw, and at https://zalma.com/blog plus more than 5050 posts.
In Jordan C. Kimball v. State Of California, et al., No. 2:25-cv-00363-DJC-CSK, United States District Court, E.D. California (May 27, 2025) Plaintiff Jordan C. Kimball acting as his own lawyer seeking leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. For the reasons that follow, the Court recommends Plaintiff’s IFP application be denied, and the Complaint be dismissed without leave to amend.
THE COMPLAINT
Plaintiff brings this action against Defendants State of California and Sacramento District Attorney’s Office. Plaintiff states the basis for jurisdiction is federal question based on the multiple federal statutes. Plaintiff alleges that from August 29, 2017 to January 15, 2025, he has been “subjected to police brutality and obstruction of justice, including but not limited to suppression of evidence, wrongful denial of Plaintiff’s claims and intentional misconduct by law enforcement and prosecuting authorities.” Plaintiff seeks $60 million in damages and “demands the initiation of criminal proceedings against the individuals [for] conspiracy, fraud and attempted murder.”
MOTION TO PROCEED IN FORMA PAUPERIS
One need not be absolutely destitute to obtain benefits of the in forma pauperis statute. Nonetheless, a party seeking IFP status must allege poverty with some particularity, definiteness and certainty.
Plaintiff has made the required showing. The Magistrate recommended that Plaintiff’s IFP application be denied because the action is facially frivolous and without merit because it fails to state a claim and lacks subject matter jurisdiction. Because it appears from the face of the Complaint that this action is frivolous.
DISCUSSION
Subject Matter Jurisdiction
The Court lacks subject matter jurisdiction over this action. Federal courts are courts of limited jurisdiction and may hear only those cases authorized by federal law. Without jurisdiction, the district court cannot decide the merits of a case or order any relief and must dismiss the case. A federal court’s jurisdiction may be established in one of two ways: actions arising under federal law or those between citizens of different states in which the alleged damages exceed $75,000.
The Complaint fails to establish the Court’s subject matter jurisdiction. The Complaint states no basis for federal court jurisdiction, and none is apparent. In light of the recommendation to dismiss Plaintiff’s federal claims, the Court recommends declining to exercise supplemental jurisdiction over the remaining state law claim alleged under California Civil Procedure §§ 377.60 and 377.62 for wrongful death. A court may decline to exercise supplemental jurisdiction over state law claims if it has dismissed all claims over which it has original jurisdiction.
Federal Rule of Civil Procedure 8
Plaintiff’s Complaint does not contain, as required by Federal Rule of Civil Procedure 8, a claim that provides subject matter jurisdiction because it does not give fair notice and state the elements of a claim plainly and succinctly.
Leave to Amend
In considering whether leave to amend should be granted, the Court finds that the Complaint is without merit because it fails to state a claim and lacks subject matter jurisdiction.
CONCLUSION
Based upon the findings above, it is RECOMMENDED that:
1. Plaintiff’s motion to proceed in forma pauperis be DENIED;
2. Plaintiff’s Complaint be DISMISSED without leave to amend; and
3. The Clerk of the Court be directed to CLOSE this case.
ZALMA OPINION
Courts usually bend over backwards to help a pro se plaintiff to avail himself of the court’s process, but their kindness is not without limit. The allegations were found by the Magistrate to be frivolous and that failure defeated the claim for failure to allege subject matter jurisdiction to the court.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Evidence of Unreasonable Conduct Required To Obtain Bad Faith Damages
Repair vs. Replace not a Tort
Post 5100
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Posted on June 17, 2025 by Barry Zalma
See the full video at and at
In Michael Gerstman and Marie Webster v. Crestbrook Insurance Company, Civil Action No. 3:24-CV-0635-D, United States District Court, N.D. Texas, Dallas Division (June 9, 2025)Michael Gerstman and Marie Webster sued Crestbrook Insurance Company over a storm damage insurance coverage dispute. The court proceedings include various claims related to breach of contract and violations of Texas insurance laws, following Crestbrook’s denial of the plaintiffs’ claim for damages caused by a hail and wind storm.
CASE BACKGROUND
The plaintiffs’ property...
ZIFL – Volume 29, Number 12
The Source for the Insurance Fraud Professional
Read the full article at https://lnkd.in/g3cETykR, see the full video at https://lnkd.in/gNCv_PVN and at https://lnkd.in/gfgweM9r, and at https://zalma.com/blog plus more than 5050 posts.
Subscribe to the e-mail Version of ZIFL, it’s Free! https://lnkd.in/gfpn78FM
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at https://lnkd.in/gVT5G9s You can read the full 25 page issue of the June 15, 2025 issue at https://lnkd.in/gTWZUnnF
Read this article and the full 25 page issue of Zalma’s Insurance Fraud Letter Here https://lnkd.in/gnNk7mFd
Fraud is a Crime that Should Never Pay
Aric Lynn Holloway II (plaintiff), appealed the stipulated order of dismissal in favor of defendant-appellee, Citizens Insurance Company of the ...
ZIFL – Volume 29, Number 12
The Source for the Insurance Fraud Professional
Read the full article at https://lnkd.in/g3cETykR, see the full video at https://lnkd.in/gNCv_PVN and at https://lnkd.in/gfgweM9r, and at https://zalma.com/blog plus more than 5050 posts.
Subscribe to the e-mail Version of ZIFL, it’s Free! https://lnkd.in/gfpn78FM
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at https://lnkd.in/gVT5G9s You can read the full 25 page issue of the June 15, 2025 issue at https://lnkd.in/gTWZUnnF
Read this article and the full 25 page issue of Zalma’s Insurance Fraud Letter Here https://lnkd.in/gnNk7mFd
Fraud is a Crime that Should Never Pay
Aric Lynn Holloway II (plaintiff), appealed the stipulated order of dismissal in favor of defendant-appellee, Citizens Insurance Company of the ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
Post 5073
See the full video at https://lnkd.in/g-f6Tjm5 and at https://lnkd.in/gx3agRzi, and at https://zalma.com/blog plus more than 5050 posts.
This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
A Heads I Win, Tails You Lose Story
Post 5062
Posted on April 30, 2025 by Barry Zalma
"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime."
Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...
