Vincent Boyd v. Hunter, Junior Kipi, and Andrew Scott

Summary

The United States District Court for the District of Nevada grants Vincent Boyd’s application to proceed in forma pauperis and screens his complaint under 28 U.S.C. § 1915. The magistrate judge recommends dismissing the complaint without prejudice and without leave to amend in federal court because it does not establish federal-question or diversity jurisdiction. The recommendation notes that any potential state-law selective-enforcement claim may be pursued in state court.

Holdings

1. The complaint failed to allege a violation of federal law or the United States Constitution and therefore did not establish a basis for federal-question jurisdiction.
2. The complaint failed to establish diversity jurisdiction because it did not plead facts showing complete diversity of citizenship and did not otherwise establish the jurisdictional requirements of 28 U.S.C. § 1332.
3. The complaint should be dismissed without prejudice under the IFP screening provisions, but without leave to amend in this federal court because the complaint alleged no basis for federal jurisdiction.

Questions Presented

1. Whether the complaint alleged a federal question or a viable federal constitutional or civil-rights claim sufficient to invoke federal-question jurisdiction.
2. Whether the complaint established diversity jurisdiction under 28 U.S.C. § 1332.
3. Whether the complaint should be dismissed under the court's screening authority and whether amendment should be permitted.

Disposition

dismissed