Derrick Damond Barron v. Dr. Christopher E. Walls, et al.

Summary

The United States District Court for the Southern District of Georgia dismissed Derrick Damond Barron’s pro se complaint alleging medical malpractice and negligence arising from surgery and related events. The court concluded that the complaint did not establish federal-question or diversity jurisdiction and that amendment would be futile. The court also ordered collection of the statutory filing fee from future deposits into Barron’s prison trust account.

Holdings

1. The complaint did not plausibly allege that the surgical incident violated a constitutional or federal right, so the action could not proceed under federal-question jurisdiction merely because Barron used a prisoner § 1983 form.
2. The complaint did not establish diversity jurisdiction because the parties appeared to be Georgia citizens and the complaint did not plead facts demonstrating complete diversity.
3. The complaint had to be dismissed because Barron failed to plead any basis for the court's subject-matter jurisdiction.
4. The court did not grant leave to amend because the claims did not appear amendable and any medical-malpractice or negligence claim arising from the June 2023 injury appeared time-barred when filed in November 2025.

Questions Presented

1. Whether the complaint pleaded a basis for federal-question jurisdiction under 28 U.S.C. § 1331.
2. Whether the complaint pleaded diversity jurisdiction under 28 U.S.C. § 1332.
3. Whether the complaint should be dismissed for lack of subject-matter jurisdiction.
4. Whether Barron should be granted leave to amend.

Disposition

dismissed