The opinion
IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
CHARMANE SMITH, )
)
Plaintiff, )
)
v. ) No. 20-cv-3020
)
FOCUS MOVING SOLUTIONS, LLC, )
)
Defendant. )
OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
This matter comes before the Court on the Application to
Proceed in District Court Without Prepaying Fees or Costs (d/e 2).
Plaintiff has not paid the filing fee but has filed an affidavit
demonstrating she is unable to prepay fees or costs associated with
filing this action. Therefore, the Application to Proceed in District
Court Without Prepaying Fees or Costs (d/e 2) is GRANTED.
This Court must dismiss any case brought in forma pauperis if
the case fails to state a claim for which relief may be granted. 28
U.S.C. § 1915(e)(2)(B)(ii). Because Plaintiff lacks standing to bring
this claim, the Complaint is dismissed without prejudice.
I. FACTUAL ALLEGATIONS
In reviewing the Complaint, the Court accepts the factual
allegations as true, liberally construing them in Plaintiff's favor.
Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013). However,
conclusory statements and labels are insufficient. Enough facts
must be provided to "'state a claim for relief that is plausible on its
face.'" Alexander v. U.S., 721 F.3d 418, 422 (7th Cir. 2013) (quoted
cite omitted). The following facts come from the Complaint.
Plaintiff named as a Defendant in this case Focus Moving
Solutions, LLC. She alleges that this Court has jurisdiction based
on federal question and pursuant to 49 C.F.R. § 1005, which
governs filing a claim with the Surface Transportation Board of the
United States. See d/e 1, p. 1 of 3. Additionally, Plaintiff claims
that she is domiciled in the State of Tennessee and Focus Moving
Solutions, LLC, is incorporated and has its principal place of
business in the State of Illinois. See id.
In her Complaint, Plaintiff stated only three facts. See d/e 1.
She alleges that “Big League Movers moved furniture for [her]
mother from her old address to her new home on October 8, 2019[,]
between 10:00 a.m. [and] 5:00 p.m.” See id. The mover broke a
$300.00 lamp and did not offer a damage claim form. See d/e 1,
p. 2 of 3. Lastly, “Defendant Focus Moving Solutions, [LLC] failed to
provide Restitution or Compensation after receiving a Complaint
Letter and a Claim Form.” See id.
Plaintiff seeks compensatory damages of $1,800.00 plus costs
and fees. She listed the following claims that she is pursuing:
breach of contract, tort, strict liability, negligence, property damage,
and third-party standing. See id.
II. ANALYSIS
Plaintiff does not have standing to bring this claim. A federal
court’s jurisdiction is limited to “Cases” and “Controversies,” and no
case or controversy exists if the plaintiff lacks standing. U.S.
Const. art. III, § 2; Johnson v. U.S. Office of Pers. Mgmt., 783 F.3d
655, 660 (7th Cir. 2015). A plaintiff establishes standing by
showing (1) that she suffered an injury that is (a) concrete and
particularized and (b) actual or imminent; (2) the injury is fairly
traceable to the challenged action of the defendant; and (3) that it is
likely that a favorable decision will redress the injury. Berger v.
Nat’l Collegiate Athletic Ass’n, 843 F.3d 285, 289 (7th Cir. 2016). A
plaintiff generally must assert her own legal rights and interests
and cannot rest her claim to relief on the legal rights or interests of
third parties. Swanson v. City of Chetek, 719 F.3d 780, 783 (7th
Cir. 2013). Here, Plaintiff alleges that Big League Movers moved
furniture for her mother, and during the move, a lamp was
damaged. As written, it appears that the lamp is property of her
mother. Plaintiff does not allege that she suffered any injury from
the alleged conduct by Defendant.
The Court also notes that it does not have jurisdiction over
this case. Section 1331 provides that “district courts shall have
original jurisdiction of all civil actions arising under the
Constitution, laws, or treaties of the United States.” 28 U.S.C. §
1331. To invoke jurisdiction under § 1331, Plaintiff must bring a
claim arising under federal law. Plaintiff has not alleged a claim
that involves a federal question.
Additionally, Plaintiff has sued Focus Moving Solutions, LLC.
Plaintiff alleges that it is Big League Movers who moved the
furniture for her mother. Based on the Complaint, Plaintiff has not
alleged any actions that caused her injury on behalf of Focus
Moving Solutions, LLC besides the fact that it “failed to provide
restitution or compensation after receiving a Complaint Letter and a
Claim Form.” Plaintiff has failed to state of cause of action against
Focus Moving Solutions, LLC.
Therefore, the Court dismisses this case without prejudice for
lack of jurisdiction.
IT IS THEREFORE ORDERED THAT:
(1) The Application to Proceed in District Court Without
Prepaying Fees or Costs (d/e 2) is GRANTED.
(2) This case is DISMISSED without prejudice for lack of
standing.
(3) Because amendment would be futile, the Clerk is
DIRECTED to close this case.
ENTERED: January 29, 2020
FOR THE COURT:
s/Sue E. Myerscough___
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE