Jessie Adams v. Sergio Jimenez

Summary

The United States District Court for the Western District of Michigan dismisses a pro se complaint for lack of subject-matter jurisdiction and failure to state a plausible claim. The court concludes that the allegations of conspiracy and ex parte communications are wholly conclusory and that invoking federal law does not establish jurisdiction. The dismissal is entered following review under Federal Rule of Civil Procedure 12(h)(3) and 28 U.S.C. § 1915(e)(2).

Holdings

1. The complaint did not establish federal subject-matter jurisdiction because its allegations were unsubstantial, wholly conclusory, and unsupported by facts.
2. The action was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) because the complaint was frivolous or failed to state a plausible claim for relief.

Questions Presented

1. Whether the complaint established federal subject-matter jurisdiction.
2. Whether the action could proceed under the in forma pauperis screening standard when the complaint was frivolous, unsubstantial, and failed to state a plausible claim.

Disposition

dismissed