Christopher Washington v. Mark Sevier
Filing
Filed Nonprecedential Disposition PER CURIAM. AFFIRMED. Kenneth F. Ripple, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Amy C. Barrett, Circuit Judge. [6914753-1] [6914753] [17-1612]
Case: 17-1612
Document: 33
Filed: 04/02/2018
Pages: 3
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted March 23, 2018*
Decided April 2, 2018
Before
KENNETH F. RIPPLE, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
AMY C. BARRETT, Circuit Judge
No. 17‐1612
CHRISTOPHER E. WASHINGTON,
Plaintiff‐Appellant,
v.
MARK SEVIER,
Defendant‐Appellee.
Appeal from the United States District
Court for the Northern District of Indiana,
South Bend Division.
No. 3:16‐CV‐496 TLS
Theresa L. Springmann,
Chief Judge.
O R D E R
While he was an inmate at Westville Correctional Facility in Indiana, Christopher
Washington, an Indiana citizen, injured himself when he fell in the shower. He sued
Mark Sevier, the superintendent of the facility and also an Indiana citizen, under Indiana
Code § 11‐8‐4‐8 for negligently failing to prevent shower injuries. The case never reached
the merits. The district judge dismissed it when Washington did not pay the filing fee
* Appellee Mark Sevier was not served with process in the district court and is
not participating in this appeal. We have corrected the misspelling of his name in the
complaint. After examining the appellant’s brief and the record, we have concluded that
oral argument would not significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
Case: 17-1612
Document: 33
Filed: 04/02/2018
Pages: 3
No. 17‐1612
Page 2
after the judge denied his request for leave to proceed in forma pauperis. The judge
denied that application because Washington’s gross income exceeded the poverty line;
she did not consider Washington’s expenses and liabilities. We have jurisdiction to
consider this appeal because a case dismissed without prejudice for failure to pay a filing
fee is conclusive in practical effect when, as here, the plaintiff tells us that he has
insufficient funds and cannot remedy the problem that led to dismissal. See Thomas v.
Butts, 745 F.3d 309, 311 (7th Cir. 2014).
We affirm the decision to dismiss the case because the district court lacked
subject‐matter jurisdiction over it. We must always consider whether the federal courts
have subject‐matter jurisdiction over cases before us. Gonzalez v. Thaler, 565 U.S. 134, 141
(2012). Washington asserts a claim of negligence under Indiana law, so he does not base
jurisdiction on a federal question. See 28 U.S.C. § 1331. And Washington cannot base
jurisdiction on diversity of citizenship because he and Sevier are citizens of the same
state. See 28 U.S.C. § 1332. We know this because we ordered Washington to amend his
jurisdictional statement to clarify the basis for subject‐matter jurisdiction. We told him
that if he based jurisdiction on a federal question, he must “identify the provision of the
constitution or the federal statute involved.” We also told him that if he based
jurisdiction on diversity of citizenship, his response must “identify the jurisdictional
amount and the citizenship of each party to the litigation.” In his response Washington
did not identify a constitutional right or federal law, and he said that both he and Sevier
are Indiana citizens. With no federal question, no diversity of citizenship, and no other
basis for subject‐matter jurisdiction, the case cannot proceed in federal court. See
Buchel‐Ruegsegger v. Buchel, 576 F.3d 451, 455 (7th Cir. 2009).
We may affirm on jurisdictional grounds because there is no priority among
non‐merits‐based reasons for dismissing a case. See Ruhrgas AG v. Marathon Oil Co.,
526 U.S. 574, 578 (1999); Meyers v. Oneida Tribe of Indians of Wis., 836 F.3d 818, 823 (7th Cir.
2016), cert denied 137 S. Ct. 1331 (2017). Therefore we need not decide whether the district
judge abused her discretion in denying pauper status based on Washington’s assets and
income without also considering his expenses and liabilities. See Escobedo v. Applebees,
787 F.3d 1226, 1236 (9th Cir. 2015) (ruling that district court abused its discretion in
denying pauper status when court included spouse’s income with litigant’s assets
without also considering spouse’s liabilities); Martinez v. Kristi Kleaners, Inc., 364 F.3d
1305, 1308 (11th Cir. 2004) (same ruling when district judge considered litigant’s assets
without also considering litigant’s liabilities). See also Adkins v. E.I. DuPont de Nemours &
Co., 335 U.S. 331, 339 (1948) (stating that payment of filing fee should not require that the
plaintiff forego the “necessities of life”).
Case: 17-1612
Document: 33
Filed: 04/02/2018
Pages: 3
No. 17‐1612
Page 3
Because the district court lacked jurisdiction, the judgment of dismissal is
AFFIRMED.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?