Alexander v. Hill-Kearse, et al.

Summary

The United States District Court for the Eastern District of Missouri sua sponte dismissed Joseph Alexander’s complaint without prejudice for failure to establish subject-matter jurisdiction. The court declined to permit amendment, citing the allegedly malicious filing of identical actions in other federal courts and the return of mail as undeliverable.

Holdings

1. Because the complaint did not establish or seriously attempt to establish subject-matter jurisdiction, the court lacked jurisdiction over the action.
2. The action was dismissed without prejudice for lack of subject-matter jurisdiction.
3. The court declined to provide Plaintiff an opportunity to amend the complaint.

Questions Presented

1. Whether the court had subject-matter jurisdiction over the action.
2. Whether the court should dismiss the action sua sponte without prejudice under Federal Rule of Civil Procedure 12(h)(3).
3. Whether Plaintiff should be given an opportunity to amend the complaint.

Disposition

dismissed