Steven C. Green v. Seminole County Sheriff's Department, Seminole Police Department, and United States Postal Service

Summary

The United States District Court for the Northern District of Oklahoma grants Steven C. Green leave to proceed in forma pauperis but dismisses his complaint without prejudice. The court concludes that diversity jurisdiction is lacking, no federal claim is stated, Oklahoma criminal statutes do not create private rights of action, and the requested protective order should be sought in state court.

Holdings

1. The court lacked diversity jurisdiction because complete diversity of citizenship was absent; all parties except the United States Postal Service were allegedly citizens of Oklahoma, and the plaintiff did not allege a valid federal-law claim.
2. Oklahoma criminal statutes do not create a private right of action enforceable in a civil lawsuit for injunctive or monetary relief.
3. A district court must dismiss an in forma pauperis action that is frivolous or malicious or fails to state a claim upon which relief may be granted, and this complaint was subject to dismissal under that standard.

Questions Presented

1. Whether the court had diversity jurisdiction over the action when the plaintiff and all nonfederal defendants were alleged to be Oklahoma citizens.
2. Whether the plaintiff stated a civil claim for injunctive or monetary relief by invoking Oklahoma criminal statutes.
3. Whether the plaintiff's in forma pauperis motion should be granted and the complaint screened under 28 U.S.C. § 1915(e)(2).

Disposition

dismissed