Rosalyn Angela Windham El v. Mercidel Howard, et al.

Summary

The United States District Court for the Northern District of California grants Rosalyn Angela Windham El’s application to proceed in forma pauperis but questions whether the court has subject matter jurisdiction. The court concludes that the complaint does not establish federal-question jurisdiction and that the parties do not appear to be diverse because they are all alleged to be California residents. The court orders Windham to explain by May 9, 2025 why the action should not be dismissed for lack of subject matter jurisdiction.

Holdings

1. The complaint did not establish federal-question jurisdiction because it did not allege a constitutional violation or a claim arising under an identifiable federal law or treaty.
2. The complaint did not presently establish diversity jurisdiction because all parties appeared to be California citizens and the complaint did not show complete diversity.
3. Because it was not clear that the court had subject matter jurisdiction, plaintiff was ordered to explain in writing why the case should not be dismissed for lack of subject matter jurisdiction.

Questions Presented

1. Whether the complaint established federal-question jurisdiction under 28 U.S.C. § 1331.
2. Whether the complaint established diversity jurisdiction under 28 U.S.C. § 1332.
3. Whether the court should require plaintiff to show cause why the action should not be dismissed for lack of subject matter jurisdiction.

Disposition

other