United States District Court, M.D. Florida, Orlando Division
GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE
cause came on for consideration without oral argument on the
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING
FEES OR COSTS (Doc. No. 2)
May 15, 2018
it is RECOMMENDED that the motion be
DENIED and the case be DISMISSED.
15, 2018, pro se Plaintiffs Jamarquis Green and Whitney
Francois instituted this action by filing a Complaint for
Civil Case against Defendant Florida Woodlake LLC d/b/a The
Bentley at Maitland. Doc. No. 1. On the same day, Plaintiffs
filed an Application to Proceed in District Court Without
Prepaying Fees or Costs (the “Application”). Doc.
United States Congress requires the district court to review
a civil complaint filed in forma pauperis
and dismiss any such complaint that is frivolous, malicious
or fails to state a claim. 28 U.S.C. §
1915. The mandatory language of 28 U.S.C. §
1915 applies to all proceedings in forma pauperis.
Section 1915(e)(2) provides:
Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any
time if the court determines that --
(A) the allegation of poverty is untrue; or
(B) the action or appeal --
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
or (iii) seeks monetary relief against a defendant who is
immune from such relief.
under Rule 12(h)(3) of the Federal Rules of Civil Procedure,
a district court may at any time, upon motion or sua sponte,
act to address the potential lack of subject matter
jurisdiction in a case. Herskowitz v. Reid, 187
Fed.Appx. 911, 912-13 (11th Cir. 2006) (citing Howard v.
Lemmons, 547 F.2d 290, 290 n.1 (5th Cir. 1977)).
“[I]t is well settled that a federal court is obligated
to inquire into subject matter jurisdiction sua sponte
whenever it may be lacking.” Univ. of S. Ala. v.
Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999).