# MIKANDA v. CALVARY-SPV-I-LLC

> District Court, D. New Jersey · November 18, 2024

URL: https://www.frixlaw.com/law-library/cases/10743485

## Case

- **Court:** District Court, D. New Jersey
- **Decided:** November 18, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10743485

## Opinion text

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

$$
CLAUDINE MIRANDA, NEYEMBO HONORABLE KAREN M. WILLIAMS
MIKANDA, !
Plaintiffs, | No, 24-10137 (KMW-SAK)
v.
PORTFOLIO SERVICES, ORDER
Defendants.
rl

THIS MATTER comes before the Court by way of Plaintiffs’ Application to Proceed in
District Court Without Prepaying Fees or Costs (“IFP Application”) (ECF No. 1) pursuant to 28
U.S.C. § 1915(a)C1); and
THE COURT NOTING that Plaintiffs’ provided an “IFP Application Exemption Form,”
which is not the required form, and the information provided by Plaintiffs do not give the Court
sufficient information to ascertain Plaintiffs’ means or evaluate whether Plaintiffs would qualify
to bring this case without prepaying fees and costs.
Further, the Court is required to screen the Complaint pursuant to 28 U.S.C.
§1915(e)(2)(B), and dismiss any claim that is frivolous, malicious, fails to state a claim for relief,
or otherwise seeks relief from an immune defendant. For the reasons set forth below, Plaintiffs’
Complaint is dismissed without prejudice for lack of jurisdiction,
Federal courts are courts of limited jurisdiction and have an independent obligation to
address issues of subject matter jurisdiction sta sponte and may do so at any stage of the litigation.

Zambelli Fireworks Mfg. Co., Inc. v. Wood, 592 F.3d 412, 418 (3d Cir. 2010); Lincoln Ben. Life
Co. v. AET Life, LLC, 800 F.3d 99, 104 (3d Cir. 2015). Ifa federal district court determines at any
time that it lacks subject-matter jurisdiction, the court must dismiss the action. See Fed. R. Civ. P.
12(h)(3). To establish jurisdiction, a pleading must either present a federal claim or trigger the
court’s diversity jurisdiction, See Gibson v. Tip Towing & Recovery LLC, No. 23-2919, 2024 WL
658977 at *1 (3d Cir. Feb. 16, 2024). To assert a federal claim, a pleading must assert an action
arising under the Constitution, laws, or treaties of the United States. Jd, at *1 n,2. To assert
diversity jurisdiction, a pleading must demonstrate complete diversity of citizenship among the
parties, (meaning that each defendant must be a citizen of a different state than each plaintiff), with
the amount in controversy being over $75,000.00. Jd. Plaintiffs do not point to any violation of
federal law or the Constitution of the United States, nor do Plaintiffs assert that this Court would
have jurisdiction over the parties pursuant to diversity jurisdiction.
Therefore, .
IT IS HEREBY on this | flay of November, 2024,

ORDERED that this case be DISMISSED WITHOUT PREJUDICE; and further

ORDERED that Plaintiffs are granted leave to further amend their Complaint within 30
days of issuance of this order to address the deficiencies noted herein; and further

ORDERED that the Clerk of the Court shall serve a copy of this Order and the appropriate
in forma pauperis long form (AQ-239) for non-prisoner litigants upon Plaintiffs by regular U.S.
mail,

KAREN M. WILLIAMS
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10743485. Public record. Not legal advice.