Summary
The United States District Court for the Northern District of Oklahoma dismissed Dylan Ford's pro se complaint without prejudice for failure to allege a basis for federal subject-matter jurisdiction. The court found no basis for federal-question or diversity jurisdiction and deemed Ford's motion to proceed in forma pauperis moot.
Holdings
- The complaint did not allege facts or legal authority establishing a federal claim, so the court could not exercise federal-question jurisdiction.
- The complaint did not establish diversity jurisdiction because it alleged neither the citizenship of the parties nor an amount in controversy exceeding $75,000.
- Because the court lacked subject-matter jurisdiction, it was required to dismiss the case without prejudice under Federal Rule of Civil Procedure 12(h)(3).
Questions Presented
- Whether the complaint alleged a basis for federal-question jurisdiction.
- Whether the complaint alleged complete diversity of citizenship and an amount in controversy exceeding $75,000 sufficient for diversity jurisdiction.
- Whether the complaint had to be dismissed under Federal Rule of Civil Procedure 12(h)(3) when the court determined that subject-matter jurisdiction was lacking.
Disposition
dismissed
Cases Cited (11)
- Merida Delgado v. Gonzalez, 428 F.3d 916, 919 (10th Cir. 2005)(followed)
- Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1998)(followed)
- New Mexicans for Bill Richardson v. Gonzalez, 64 F.3d 1495, 1499 (10th Cir. 1995)(followed)
- Renne v. Geary, 501 U.S. 312, 317 (1991)(followed)
- McNutt v. General Motors Acceptance Corp. of Indiana, Inc., 298 U.S. 178, 182 (1936)(followed)
- Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006)(followed)
- Image Software, Inc. v. Reynolds & Reynolds Co., 459 F.3d 1044, 1048 (10th Cir. 2006)(followed)
- Tafoya v. U.S. Department of Justice, 748 F.2d 1389, 1390 (10th Cir. 1984)(followed)
- Haines v. Kerner, 404 U.S. 519, 520 (1972)(followed)
- Whitney v. New Mexico, 113 F.3d 1170, 1173-74 (10th Cir. 1997)(followed)
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Cited In (0)
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Court Document
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