HALL v. HAGERMAN

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JODY EDGAR HALL, )
)
Plaintiff, )
)
v. ) 1:25CV890
)
JESSICA HALL HAGERMAN, )
)
Defendant(s). )
ORDER AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner of the State of North Carolina, submitted a lawsuit which the
Court treated as one under 42 U.S.C. § 1983 for screening and administrative purposes,
together with an application to proceed in forma pauperis and a Motion [Doc. #3] seeking
an appointment of counsel. The form of the Complaint is such that a serious flaw makes it
impossible to further process the Complaint. The problem is:
1. The jurisdictional basis for Plaintiff filing in this Court is not clear. Plaintiff
seeks to recover damages from his half-sister based on allegations that she
stole artwork that he sent her to sell. Federal courts are courts of limited
jurisdiction. To bring a claim in federal court, a party must either bring a
cause of action under federal law or meet the requirements for diversity
jurisdiction. Plaintiff does not appear to allege any cause of action based on
federal law, but instead brings what appears to be a conversion claim against
Defendant. As for diversity jurisdiction, it could exist only if Plaintiff and
Defendant are citizens of different states and the amount in controversy
exceeds $75,000. 28 U.S.C. § 1332(a)(1) and (b). However, it appears that
they are both citizens of North Carolina, and the Complaint seeks only
$12,500 in damages. Therefore, the basis for federal jurisdiction in the case
is not clear and it appears that Plaintiff must bring his claim in the courts of
North Carolina, rather than this court.
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Consequently, the Complaint should be dismissed, but without prejudice to Plaintiff
filing a new complaint in state court unless he can allege facts establishing federal
jurisdiction.
In forma pauperis status is granted for the sole purpose of entering this Order and
Recommendation. As for Plaintiff’s Motion seeking an appointment of counsel, the Court
will deny it without prejudice in light of the recommendation of dismissal.
IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole
purpose of entering this Order and Recommendation and that Plaintiff’s Motion [Doc. #3]
seeking an appointment of counsel is denied.
IT IS RECOMMENDED that this action be dismissed sua sponte without prejudice
to Plaintiff filing a new complaint in state court unless he can allege facts establishing
federal jurisdiction.
This, the 27th day of October, 2025.
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