has not appealed from these convictions and is presently serving these sentences.
In support of their motion to dismiss the complaint in this cause, the defendants make two contentions: (1) that the plaintiff is without standing to maintain this action by virtue of the life imprisonment sentence imposed upon him by the Supreme Court of the State of New York, for the reason that he was rendered civilly dead by the provisions of Section 511 of the New York Penal Law, 39 McKinney's Consol.Laws, Sec. 511; and (2) that this Court is without jurisdiction of the subject matter of this action because it neither involves a Federal question nor an amount in value in excess of $10,000 exclusive of interest and costs.
Assuming diversity of citizenship between the plaintiff on the one hand and the defendants on the other, the amount involved ($3,361.52), according to the plaintiff's own statement, is less than the minimum amount required to support diversity jurisdiction. 28 U.S.C. § 1332(a). The provisions of 28 U.S.C. § 1331, upon which the plaintiff would also rely to support jurisdiction, are equally ineffective to that end by reason of the conceded non-involvement of the jurisdictional minimum required by that section. See Yoder v. Assiniboine and Sioux Tribes of Fort Peck Ind. Res., 339 F.2d 360 (9 Cir. 1964) reh. denied January 13, 1965. Plaintiff's pleaded jurisdictional reference to 28 U.S.C. § 1343 (Civil rights and elective franchise) does not serve to confer jurisdiction upon this Court. Plaintiff has neither pleaded the requisite jurisdictional amount nor shown or alleged a violation of this statute. See Giancana v. Johnson, 335 F.2d 366 (7 Cir. 1964) cert. denied 379 U.S. 1001, 85 S. Ct. 718, 13 L. Ed. 2d 702 (1965). Nowhere in the complaint, or in the numerous exhibits and other documents which the plaintiff has filed with the Clerk in support thereof, is there any factual allegation which could bring the cause of action, attempted to be set forth in the complaint, within the scope of the provisions of 28 U.S.C. § 1343.
The complaint, being insufficient on its face to withstand the attack mounted by the pending motion, should be stricken and, for lack of jurisdiction, the action should be dismissed. Kamsler v. M.F.I. Corporation, 359 F.2d 752 (7 Cir. 1966); Spampinato v. M. Breger & Co., 270 F.2d 46 (2 Cir. 1959). As Modified July 7, 1959, cert. denied 361 U.S. 944, 80 S. Ct. 409, 4 L. Ed. 2d 363 (1960).
Accordingly, the motion of the defendants to dismiss the complaint is granted. An Order may be presented in accordance with the views herein expressed.
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