United States District Court, W.D. Pennsylvania
MEMORANDUM OPINION AND ORDER
Cynthia Reed Eddy, United States Magistrate Judge.
before the court is a Motion to Dismiss (ECF No. 15) filed on
behalf of Defendant Leo Schober. For the reasons stated
herein, the motion will be granted and the Complaint will be
dismissed with prejudice.
STATEMENT OF FACTS
William Stephen Schober, appearing pro se, instituted this
action on November 20, 2017 by filing a motion for leave to
proceed in forma pauperis (ECF No. 1), which the court
granted (ECF No. 2), whereupon he filed a Complaint on
November 22, 2017 (ECF No. 3). He then filed an Amended
Complaint on November 27, 2017 (ECF No. 5), the operative
Amended Complaint plaintiff alleges:
Leo Bernard Schober received my furniture and other movable
property stolen from my house at 3460 Bismark St. Pgh PA
15213, by Ralph George Lyle. This caused the city to tear
down the house as an abandoned house while I was working
overseas. Leo Bernard Schober received the stolen furniture
and possessions from Ralph George Lyle.
(ECF No. 5 at 5). Plaintiff claims he is entitled to relief
Leo Bernard Schober knowingly received my stolen furniture:
$25, 000 and other movable property (clothes, books,
curtains, etc.): $51, 000; causing City of Pittsburgh to deem
my house abandoned and be torn down: $50, 000. Everything of
sentimental value of mine was stolen. Homelessness and loss
of all my possessions caused me pain and suffering $20, 000.
(ECF No. 5 at 6).
alleges we have diversity jurisdiction pursuant to 28 U.S.C.
§ 1332 because the parties are diverse and the claims
involve more than $75, 000, exclusive of interest and costs.
defendant agrees that there is complete diversity between the
parties, he disputes whether the amount in controversy
exceeds $75, 000. Defendant has moved to dismiss pursuant to
motion to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(1) challenges the existence of a federal court's
subject matter jurisdiction. “When subject matter
jurisdiction is challenged under Rule 12(b)(1), the plaintiff
must bear the burden of persuasion.” Kehr Packages,
Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1409 (3d
Cir.1991). The court must resolve motions over subject matter
jurisdiction before proceeding to a ...