Deann Goudy-Bartolotta v. Memorial Pain Clinic; Brandon Bailey, M.D.; Access Pain Solutions; Frank J. Hackl, M.D.; Axis Healthcare; James Lackey, M.D.; Warren Clinic; and Muhammad Qasim Maqbool, M.D.

Summary

The United States District Court for the Northern District of Oklahoma dismissed Deann Goudy-Bartolotta’s pro se complaint for lack of subject-matter jurisdiction. The court held that the complaint’s conclusory references to federal statutes and the Fourteenth Amendment did not adequately establish a federal question, and that the plaintiff failed to allege diversity jurisdiction.

Holdings

1. Merely listing federal statutes or constitutional provisions does not establish federal-question jurisdiction; the plaintiff must identify the federal provision giving rise to the claim and allege sufficient facts showing that the claim arises under federal law.
2. A complaint does not establish diversity jurisdiction without allegations supporting complete diversity of citizenship and the required amount in controversy.
3. A federal court must dismiss an action when it determines that subject-matter jurisdiction is lacking, and it may raise the jurisdictional issue sua sponte at any stage of the litigation.

Questions Presented

1. Whether the complaint adequately alleged facts establishing federal-question jurisdiction under 28 U.S.C. § 1331.
2. Whether the complaint adequately alleged complete diversity of citizenship and the amount-in-controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332(a).
3. Whether the court was required to dismiss the action for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3).

Disposition

dismissed