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James-Williams v. FLAD Investments, LLLP, 8:17-cv-3083-T-23CPT. (2019)

Court: District Court, M.D. Florida Number: infdco20190911b86 Visitors: 7
Filed: Sep. 10, 2019
Latest Update: Sep. 10, 2019
Summary: ORDER STEVEN D. MERRYDAY , District Judge . A November 21, 2018 order (Doc. 25) dismisses Willie Lee James-Williams's amended complaint because James-Williams fails to allege facts establishing that the amount in controversy exceeds $75,000. * James-Williams moved to re-open the case, and a January 2, 2019 order (Doc. 28) denies the motion. James-Williams appealed, and the Eleventh Circuit dismissed (Doc. 31) the appeal for failure to prosecute because James-Williams failed to pay the fil
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ORDER

A November 21, 2018 order (Doc. 25) dismisses Willie Lee James-Williams's amended complaint because James-Williams fails to allege facts establishing that the amount in controversy exceeds $75,000.* James-Williams moved to re-open the case, and a January 2, 2019 order (Doc. 28) denies the motion. James-Williams appealed, and the Eleventh Circuit dismissed (Doc. 31) the appeal for failure to prosecute because James-Williams failed to pay the filing fee. About three months later, James-Williams moved (Doc. 32) in the Eleventh Circuit for leave to appeal in forma pauperis, and the Eleventh Circuit transferred the motion to the district court.

A June 6, 2019 report (Doc. 33) recommends denying the motion for leave to appeal in forma pauperis because (1) the Eleventh Circuit dismissed the appeal for failure to prosecute, (2) James-Williams failed to demonstrate indigence, (3) James-Williams failed to address the January 2, 2019 order's finding that James-Williams failed to invoke diversity jurisdiction, and (4) James-Williams failed to identify the issues for appeal. James-Williams objects (Doc. 34) to the report, persists in her claim of indigence, and repeats her allegations against the defendant.

On July 5, 2019, James-Williams again moved (Doc. 35) for leave to appeal in forma pauperis, and on July 12, 2019, the Eleventh Circuit permitted (Doc. 36) James-Williams to reinstate her appeal. Neither the objection to the report and recommendation nor the subsequent motion to appeal in forma pauperis (1) demonstrates that James-Williams is indigent, (2) establishes the presence of subject-matter jurisdiction, or (3) identifies an issue for appeal. The report and recommendation (Doc. 33) is ADOPTED, and the plaintiff's motions (Docs. 32, 35) for leave to appeal in forma pauperis are DENIED.

FootNotes


* In fact, James-Williams appended to the complaint a consultant's report, which values Williams's claim at $32,431.05. (Doc. 22-2 at 39)
Source:  Leagle

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