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Draper v. GB LL Holdings, LLC

United States District Court, W.D. Virginia, Charlottesville Division

November 15, 2019

CEDRICK DRAPER, Plaintiff,
v.
GB LL HOLDINGS, LLC, d/b/a GO PUFF, Defendant.

          MEMORANDUM OPINION

          Hon. Glen E. Conrad Senior United States District Judge

         Cedrick 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).

         Background

         Draper 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.

         In the 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 termination.
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.

         Discussion

         I. IFP Motion

         By 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 ...


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