Civil Practice — Federal Jurisdiction – Diversity – Defunct Corporation – Attorneys – Tort/Negligence – Fraud

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Conner v. Duncan (Lawyers Weekly No. 15-03-0291, 10 pp.) (Joi Elizabeth Peake, USMJ) 1:12-cv-00092; M.D.N.C.

Holding: Although plaintiff is an inmate of a prison in Pennsylvania, he is still considered a resident of Virginia. Where the Virginia corporation plaintiff named as a defendant has been defunct since before plaintiff’s causes of action arose, that corporation should be dismissed as a party, leaving complete diversity among the parties.

Defendant Western Financial Services, Inc. should be dismissed. Defendants’ motion to dismiss should be granted as to plaintiff’s federal claims but should be otherwise denied. Plaintiff’s motion for partial summary judgment should be denied.

There are no private rights of action under the federal statutes pursuant to which plaintiff makes claims of mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), and the unauthorized practice of law (28 U.S.C. § 1654). These claims should be dismissed.

There is a genuine issue with respect to which of defendant Duncan’s representations were materially false, whether Duncan had the intent to deceive, whether plaintiff was in fact deceived, whether plaintiff could have justifiably relied on the representations to believe that Duncan was a licensed attorney, and whether plaintiff can produce evidence that he was damaged as a result of defendants’ misrepresentations. Plaintiff is not entitled to summary judgment on his fraud claim.