Ahmad Hosseinipour v. Attorney Andrew Neuhauser, et al.

Summary

The United States District Court for the Northern District of Ohio dismissed Ahmad Hosseinipour’s pro se civil action against attorney Andrew Neuhauser and Luis Myrie for lack of subject-matter jurisdiction. The court found no valid basis for federal-question jurisdiction and concluded that diversity jurisdiction was unavailable because the parties were Ohio citizens and the amount in controversy was $6,000. The court denied the plaintiff’s motion for appointment of counsel as moot and certified that an appeal could not be taken in good faith.

Holdings

1. The complaint did not establish federal-question jurisdiction because it identified no specific provision of the United States Constitution or federal law that supplied a basis for the claim.
2. The complaint did not establish diversity jurisdiction because Plaintiff and Defendants were alleged to be Ohio citizens and the amount sought was only $6,000, below the $75,000 jurisdictional threshold.
3. The action had to be dismissed for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3).

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 action had to be dismissed for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3).

Disposition

dismissed