Summary
This United States District Court order adopts a magistrate judge’s report and recommendation to dismiss a pro se complaint for lack of subject-matter jurisdiction. The plaintiff alleged that his children suffered food poisoning after consuming expired items at a McDonald’s restaurant, asserting both federal and state law claims. The court determined that the complaint failed to establish federal question jurisdiction and did not provide sufficient facts to support diversity jurisdiction. Consequently, the case was dismissed without prejudice, and the plaintiff’s motion to proceed in forma pauperis was denied as moot.
Topics
Practice areas
Questions Presented
- Whether the district court has subject-matter jurisdiction over the plaintiff's state-law negligence claims.
Holdings
- The district court lacks subject-matter jurisdiction because the complaint does not present a federal question and diversity jurisdiction is unavailable where all parties are Wisconsin citizens.
Key quotations
“The court will adopt Judge Dries’s recommendation and dismiss this case for lack of subject-matter jurisdiction.” (at end)
Factual background
The plaintiff alleged that his children became ill after consuming expired food and chocolate milk at a McDonald’s restaurant in Wisconsin. He claimed the manager was negligent and that the restaurant served spoiled items on multiple occasions. The complaint failed to identify a specific defendant and did not allege any federal cause of action.
Procedural history
Plaintiff filed complaint alleging food poisoning; Magistrate Judge Dries recommended dismissal for lack of subject-matter jurisdiction; district court adopted recommendation and dismissed the case.