United States District Court, S.D. Alabama, Southern Division
ELMORE S. WELCH, JR., Plaintiff,
PEN AIR FEDERAL CREDIT UNION, Defendant.
F. BIVINS UNITED STATES MAGISTRATE JUDGE.
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.
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 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
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).
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). 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.).
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
(Show defendant(s) name(s) and address(es))
3. Pen Air Bank Corporation etc al. 1495 E. Mile Rd Pensacola
(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
(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