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Welch v. Pen Air Federal Credit Union

United States District Court, S.D. Alabama, Southern Division

September 25, 2019

ELMORE S. WELCH, JR., Plaintiff,
v.
PEN AIR FEDERAL CREDIT UNION, Defendant.

          ORDER

          SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE.

         This action is before the Court on review following the Court’s sua sponte issuance of a show cause order directing the parties to address whether subject matter jurisdiction exists in this case (Doc. 40). While Defendant/Counterclaimant Pen Air Federal Credit Union filed a statement regarding subject matter jurisdiction (Doc. 42) in response to the Court’s order, no response has been filed by Plaintiff/Counter-Defendant Elmore S. Welch, Jr., who is proceeding pro se. For the reasons set forth below, the Court finds that subject matter jurisdiction is lacking. Accordingly, this matter is due to be DISMISSED without prejudice.

         I. BACKGROUND

         On May 10, 2018, Plaintiff Elmore S. Welch, Jr. (“Welch”), proceeding pro se, filed a complaint and a motion to proceed without prepayment of fees. (Docs. 1, 2). The factual allegations of Welch’s original complaint[1] are as follows:

Before this Court a fraudulent contract took place with this Bank Corporation that is licensed in the State of Florida. My Attorney that I was using in this matter to pursue my purchase contract is also licensed in Florida.
On 6/15/2017, I purchased a truck. The list price was 21, 000.00. 3, 000.00 was put down and 500.00 went towards full coverage insurance for 6 months at 84.00 a month.
Pen Air Bank Corp. removed my contract out of my buying package when they made copies after I signed for 242.00 dollars and 100.00 for an extended warranty contract. That contract was 20, 060.00 dollars. After I left the bank they mailed a contract to me for an additional 442.00 that I didn’t sign for, making the total contract equaling to 29, 528.00, fraudulently signing my name.
I contacted Attorney Dana Brook Cooper to act on my behalf to obtain my contract policy in which she failed to do by not suing Pen Air Bank Corp. for fraud, signing my name to their made-up contract.
Pen Air Bank made up that contract for this truck at a rate of 937.00 a month after 2, 200.00 was already paid by me for the truck. The balance for the truck is 25, 528.00 dollars. The more I pay, the more they add and the agreed amount was for 20, 060.00 dollars. Dana Brook Cooper wanted me to continue paying for the truck without a contract as she stated on her letter mailed to me.

(Doc. 1 at 1). Welch attached to his complaint various documents, including correspondence between him and attorney Dana Brooks Cooper, a letter presumably sent by attorney Cooper to Pen Air Federal Credit Union on Welch’s behalf, an automobile purchase agreement, copies of checks or money orders from Pen Air Federal Credit Union to Chris Carroll Automotive, insurance documents, loan documents, and correspondence from Pen Air Federal Credit Union to Welch. (Doc. 1 at 2-32).

         The Court granted Welch’s motion to proceed without prepayment of fees on May 25, 2018. (Doc. 3 at 1). Having granted Welch in forma pauperis status, the Court proceeded to review his complaint under 28 U.S.C. § 1915(e)(2).[2] In an order dated May 25, 2018 (Doc. 3), the Court observed that it was not clear what, if any, basis for federal jurisdiction exists in this case and that while Welch mentioned diversity jurisdiction, he did not allege the states of which he and the Defendants were citizens, nor did he allege the amount in controversy. (Id. at 4). Thus, Welch was ordered to file an amended complaint, prior to service of process, setting forth facts in support of his assertion of diversity jurisdiction. (Id.).

         On June 1, 2018, Welch filed an amended complaint using a Court complaint form as a template, and he alleged the following:

(Grounds for jurisdiction)
1. Rule 28 U.S.C. Section 1332 Banks are bonded by (FDIC)
(Show plaintiff’s name(s) and residence or address)
2. Elmore S. Welch Jr. [address omitted by the Court][3]
(Show defendant(s) name(s) and address(es))
3. Pen Air Bank Corporation etc al. 1495 E. Mile Rd Pensacola Fla 32514
(State briefly your legal claim or your reason for filing suit. Include the statue under which the suit is filed.)
4. Banks are FDIC bonded, when banks fraud aganish there coustmer’s it excess a truck noted, and $75, 000.00 [sic]
(Give a brief, concise statement of the specific facts involved in your case)
5. My contract I sign for was remove from my buying packing of $242 a month to $442 month
(State the relief you are requesting.)
6. $250, 000 that insurance by (FDIC) for taking my truck, changing my contract and fraud my name on a different contract, ...

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