James Gustave Malott v. Rosen’s Diversified Inc., American Food Groups LLC, and Green Bay Dressed Beef LLC

Summary

The United States District Court for the Eastern District of Wisconsin granted James Gustave Malott’s request to proceed without prepaying the filing fee. After screening the complaint under 28 U.S.C. § 1915, the court dismissed it without prejudice for lack of subject-matter jurisdiction, concluding that the complaint did not adequately allege a federal claim under the Computer Fraud and Abuse Act and that the asserted claim would also be untimely. The court dismissed a related motion as moot and warned that future actions based on the same facts could result in a filing bar.

Holdings

1. Plaintiff qualified to proceed without prepaying the filing fee because he lacked the financial resources to pay the fees and costs associated with the action.
2. Diversity jurisdiction did not exist because plaintiff did not seek more than $75,000 and complete diversity was absent.
3. The complaint did not establish federal-question jurisdiction because it did not plead facts showing a violation of federal law, including a violation of the Computer Fraud and Abuse Act.
4. Any claim under 18 U.S.C. § 1030(g) was untimely because plaintiff did not file within two years of the alleged act or discovery of the damage.

Questions Presented

1. Whether Malott qualified to proceed in forma pauperis.
2. Whether the complaint established federal-question or diversity subject-matter jurisdiction.
3. Whether the complaint stated a claim under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030.
4. Whether any Computer Fraud and Abuse Act claim was barred by the statute of limitations.

Disposition

dismissed