Billie J. Levert-Hill v. MetroHealth System, et al.

Summary

The United States District Court for the Northern District of Ohio dismissed pro se plaintiff Billie J. Levert-Hill’s action against MetroHealth System and Maria Fuentes under 28 U.S.C. § 1915(e). The court concluded that the complaint did not establish diversity jurisdiction or identify a viable federal question, and that the allegations appeared to assert state-law malpractice, fraud, forgery, and related claims. The court granted leave to proceed in forma pauperis and certified that an appeal could not be taken in good faith.

Holdings

1. Diversity jurisdiction was not established because the complaint indicated that plaintiff and the defendants were all citizens of Ohio.
2. The complaint did not establish federal-question jurisdiction because it alleged state-law tort and malpractice theories and did not identify facts or a legal claim arising under federal law.
3. The action was properly dismissed under 28 U.S.C. § 1915(e) because the complaint failed to state a claim establishing federal jurisdiction or a viable federal cause of action.

Questions Presented

1. Whether the complaint established federal subject matter jurisdiction through diversity of citizenship.
2. Whether the complaint identified a federal question or viable federal claim sufficient to support federal-question jurisdiction.
3. Whether the action was subject to dismissal under 28 U.S.C. § 1915(e) for failure to state a claim or lack of an arguable basis in law or fact.

Disposition

dismissed