United States District Court, W.D. Virginia, Charlottesville Division
Glen E. Conrad Senior United States District Judge
Draper, a frequent pro se litigant in this district,
commenced this action by filing a form complaint against GB
LL Holdings, LLC, d/b/a goPuff ("goPuff'). Draper
has not paid the requisite filing fee. Instead, he has moved
to proceed in forma pauperis ("IFP"). For
the following reasons, Draper's IFP motion will be
denied, and his complaint will be dismissed without prejudice
for lack of subject-matter jurisdiction under Federal Rule of
Civil Procedure 12(h)(3).
is a citizen of Virginia who resides in Lynchburg. The form
complaint and attached civil cover sheet indicate that goPuff
is a limited liability company that maintains an office in
Albemarle County, Virginia.
section of the complaint titled "Basis for
Jurisdiction," Draper checked the "Federal
question" box. Compl. 3, Dkt. No. 2. When asked to
"[l]ist the specific federal statutes, federal treaties,
and/or provisions of the United States Constitution that are
at issue in the case," Draper stated as follows:
"Breach of Contract Law," "Tort Law," and
"Pro se unrepresented in forma pauperis."
Id. The form complaint also includes the following
"Statement of Claim":
1. Petitioner claim[s] breach of contract by termination.
2. Petitioner claim[s] breach of contract by over-the-phone
3. Petitioner claims los[s] of profit by breach claim.
4. Petitioner claims restitution by breach claim.
5. Petitioner claims aggravated [damages] by violation action
of fiduciary duty of company from point to contest to be
transferred to another subsidiary office.
Id at 4.
order entered April 27, 2018, Draper was enjoined for a
period of two years "from proceeding in forma
pauperis in this district in any future matter except
habeas corpus cases and cases over which the federal court
arguably has subject matter jurisdiction involving claims of
imminent danger of serious bodily injury." Draper v.
Muy Pizza Southeast LLC, No. 4:18-cv-00013 (W.D. Va.
Apr. 27, 2018) (Riser, J.), appeal dismissed. No.
18-1545 (4th Cir. Oct. 10, 2018). The instant ...