Mario Macellari v. Scott Sherwood

Summary

The District of New Jersey granted Mario Macellari’s application to proceed in forma pauperis after finding that he could not pay the filing fee. The court dismissed his complaint without prejudice for failing to establish subject matter jurisdiction and permitted him to reopen the case by filing an amended complaint within thirty days.

Holdings

1. The plaintiff qualified to proceed in forma pauperis because the financial materials showed that he could not pay the court's filing fees.
2. The complaint did not establish subject matter jurisdiction because its allegations were insufficient to show either diversity-of-citizenship jurisdiction or federal-question jurisdiction.
3. The complaint was dismissed without prejudice for lack of subject matter jurisdiction.

Questions Presented

1. Whether Macellari established that he was unable to pay the federal filing fees and therefore qualified to proceed in forma pauperis.
2. Whether the complaint, when screened under 28 U.S.C. § 1915(e)(2)(B), adequately established subject matter jurisdiction through diversity or federal-question jurisdiction.
3. Whether the complaint should be dismissed without prejudice for lack of subject matter jurisdiction.

Disposition

dismissed