Collins v. Fang

Summary

The court grants Justin Collins’s motion to proceed in forma pauperis but dismisses his complaint without prejudice. It concludes that Collins failed to establish diversity jurisdiction because he provided no citizenship information for the parties and failed to state a plausible claim based on the allegation that defendants delayed a ruling. The court orders Collins to show cause by April 27, 2026, why final judgment should not be entered.

Holdings

1. A complaint invoking diversity jurisdiction must affirmatively and distinctly allege the citizenship of the parties and the jurisdictional amount; conclusory assertions that the case is based on diversity and seeks more than $75,000 are insufficient. Because Collins alleged no citizenship information, the court lacked subject-matter jurisdiction.
2. The complaint failed to state a plausible claim because the allegation that the defendants delayed a ruling did not identify the defendants' conduct, the ruling at issue, or how the alleged delay harmed Collins.
3. Collins qualified to proceed in forma pauperis because his motion and affidavit demonstrated that he lacked the assets to prepay the filing fee.

Questions Presented

1. Whether the complaint adequately established federal diversity subject-matter jurisdiction under 28 U.S.C. § 1332.
2. Whether the complaint stated a plausible claim for relief under Federal Rule of Civil Procedure 8(a)(2) and the Rule 12(b)(6) pleading standard.
3. Whether Collins qualified to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).

Disposition

dismissed