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Alexander v. Rogers

January 22, 2007

DUKE ALEXANDER PLAINTIFF
v.
JOHN COLLINS ROGERS AND WILLIAM WATT DEFENDANTS



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Plaintiff's Motion to Proceed In Forma Pauperis (Doc. No. 1) and Motion to Appoint Counsel (Doc. No. 3).

A question of subject-matter jurisdiction may be raised sua sponte at any time.*fn1 "Whenever it appears . . . that the court lacks jurisdiction of the subject matter, the court shall dismiss the action."*fn2 After reviewing the complaint, it is clear that this Court lacks subject matter jurisdiction -- although Plaintiff speaks of a "Federal Court Order," his allegations involve a state court order.

Accordingly, Plaintiff's Motion to Proceed In Forma Pauperis and Motion to Appoint Counsel are DENIED and this case is DISMISSED for lack of jurisdiction.

IT IS SO ORDERED this 22nd day of ...


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