of action should not be considered frivolous unless it is “without arguable merit.”
Sun v. Forrester
,939 F.2d 924, 925 (11th Cir. 1991),
, 503 U.S. 921 (1992) (
quoting Harris v. Menendez
,817 F.2d 737, 739 (11th Cir. 1987)). To determine if a plaintiff should be permitted to proceed
in forma pauperis
, a district court must determine “whether there is ‘a factual and legal basis . . . for theasserted wrong, however inartfully pleaded.’”
quoting Watson v. Ault
, 525 F.2d 886, 892 (5th Cir.1976)). Critical to this analysis is a showing that the claim is within the limited jurisdiction of thisfederal court.
See, generally, Cogdell v. Wyeth
, 366 F.3d 1245, 1247-48 (11th Cir. 2004).Parties seeking to invoke the limited jurisdiction of the federal court over a cause of actionmust show that the underlying claim is based upon either diversity jurisdiction (controversiesexceeding $75,000 between citizens of different states) or the existence of a federal question (
“acivil action arising under the Constitution, laws, or treaties of the United States”), in which a privateright of action has been created or is implied by Congressional intent.
28 U.S.C. § 1331 and§ 1332;
Alexander v. Sandoval,
532 U.S. 275, 293 n.8 (2001).Applied here, the Court finds the motion must be denied. Although the instant Complaint isbrought by three
Plaintiffs, only one Plaintiff has submitted a financial affidavit to support themotion. Moreover, the claim set forth in the Complaint is not within the jurisdiction of this Court.
Plaintiffs allege that Defendants, the United States Senate Majority Leader and the Speakerof the House of Representatives, “have violated their sworn oath of office and as agents of the people,[and] have breached their fiduciary duties to the Plaintiffs and all Americans by the improper andunethical management of the people’s budget and monies.” (Doc. No. 1). Plaintiffs assert thatDefendants “have appropriated funds from the U.S. Treasury without proper Congressional Approvaland have failed to publish a ‘Statement and Account of Receipts and Expenditures of all publicMoney’ as mandated by Article 1, Section 9, Clause 7 of the United States Constitution.” Further,
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