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.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://lnkd.in/gwEYk.
When Harm is Inherent in the Nature of the Act it is Intentional
Post 5237
See the video at and at and at https://zalma.com/blog plus more than 5200 posts.
No Coverage for Intentional Acts
Hitting a Person in the Face is an Intentional Act
In Unitrin Auto and Home Insurance Company v. Brian C. Sullivan, et al., George A. Ciminello, No. 2022-01607, Index No. 21632/14, Supreme Court of New York, Second Department (November 19, 2025) George A. Ciminello was injured when struck in the face by a cup filled with liquid, thrown from a moving vehicle operated by Brian C. Sullivan, with Robert Harford as the passenger who threw the cup. The vehicle approached Ciminello at about 30 mph, from 2 to 10 feet away, and Harford extended his arm to make contact. The cup splintered upon impact.
Sullivan and Harford later conceded liability on the intentional tort claim before a damages trial.
Insurance Policy:
Unitrin Auto and Home...
Obtaining Title to Church by Fraud Defeated
Post 5238
Read the full article at https://www.linkedin.com/pulse/unmitigated-gall-abuse-elderly-bishop-his-church-zalma-esq-cfe-xcasc, see the video at and at and at https://zalma.com/blog plus more than 5200 posts.
It is Villainous to Steal Church Property from Sick and Elderly Bishop
In Testimonial Cathedral Local Church of God in Christ v. EquityKey Real Estate Option, LLC et al. (Cal. Ct. App., 2d Dist., Div. 8, No. B331522 (Nov. 18, 2025) EquityKey (through broker Steven Sharpe and Frank Wheaton, a trusted advisor/friend of elderly Bishop Jimmy Hackworth) presented a deal supposedly for a $4 million life-insurance policy on Hackworth’s life with EquityKey as beneficiary. In exchange, EquityKey paid Hackworth $400,000 upfront.
Factual Background
To qualify Hackworth for the large policy, church real property on South Western Ave., Los Angeles was temporarily ...
Guilty of Money Laundering Scheme
Post 5238
See the video at https://lnkd.in/gqh7V46x and at https://lnkd.in/gmE-zrDC and at https://zalma.com/blog plus more than 5200 posts.
Prison Sentence for Fraud Must be Limited to the Fraud in Which the Defendant Participated
In United States v. Stephen O. Anagor, No. 2:24-CR-00019-DCLC-CRW (E.D. Tenn., Nov. 26, 2025) by Judge Clifton L. Corker the government sought to increase the defendant’s sentence because his co-conspirators added a fraudulent FBI scam that resulted in the victim’s suicide. Anagor sought a lower sentence because he was only involved in part of the fraud.
Charges & Plea
Defendant, a U.S. Army soldier pled guilty on June 11, 2025 to Conspiracy to Commit Mail and Wire Fraud, Aiding and Abetting Aggravated Stalking Resulting in Death and Aiding and Abetting Aggravated Identity Theft that was part of a larger 38-count superseding indictment against Anagor and co-defendants Chinagorom Onwumere and Salma Abdalkareem for an international Nigerian-based ...
The Professional Claims Handler
Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
