David E. Gallatin, II v. Pasco County Sheriff's Office et al.

Summary

This Report and Recommendation addresses a pro se diversity action seeking damages against Florida defendants. The magistrate judge recommends dismissal for lack of subject matter jurisdiction because the plaintiff failed to allege the parties’ citizenship and did not comply with an order requiring a Rule 7.1(a)(2) diversity disclosure statement; the report also identifies failure to obey court orders and failure to serve process as alternative grounds for dismissal.

Holdings

1. Plaintiff failed to establish that diversity jurisdiction exists because the complaint did not allege plaintiff's citizenship and therefore did not permit the court to determine whether complete diversity existed between plaintiff and the defendants.
2. When the court determines that it lacks subject matter jurisdiction, it must dismiss the action; the court therefore recommended dismissal of this lawsuit.

Questions Presented

1. Whether plaintiff established federal diversity subject matter jurisdiction under 28 U.S.C. § 1332 by alleging facts showing complete diversity of citizenship.
2. Whether the action should be dismissed because plaintiff failed to comply with the court's order requiring a Rule 7.1(a)(2) diversity disclosure statement.
3. Whether the action should be dismissed because no defendant was served within the period required by Federal Rule of Civil Procedure 4(m).

Disposition

other