Thompson v. Hererra

Filing 26

ORDER DISMISSING CASES. Signed by Judge William H. Orrick on 02/07/2018. Because Ms. Thompson has not been able to allege facts necessary to state a federal claim or allege diversity jurisdiction, each of her cases (Case No. 17-cv-05141-WHO, Case No. 17-cv-05163-WHO, Case No. 17-cv-05843-WHO) is DISMISSED without prejudice. (Attachments: # 1 Certificate/Proof of Service)(jmdS, COURT STAFF) (Filed on 2/7/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRACEY N. THOMPSON,
Plaintiff,

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v.
DENNIS HERRERA,

United States District Court
Northern District of California

Case No. 17-cv-05843-WHO
ORDER DISMISSING CASES

Defendant.

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Case No. 17-cv-05141-WHO
Case No. 17-cv-05163-WHO

Pro se plaintiff Tracey N. Thompson filed three almost identical cases against Dennis

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Herrera (the City Attorney for San Francisco) stemming from an injury she suffered on a bus in

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San Francisco.

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Ms. Thompson’s initial cases were dismissed for lack of jurisdiction for two significant

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reasons: (1) there were no federal claims alleged, only state law claims, and (2) there were no

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facts alleged establishing diversity jurisdiction.

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After giving her multiple opportunities to file amended complaints to address these issues,

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on January 31, 2018, Thomson filed an amended complaint. Her amended complaint contains

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additional facts about her injury and claim against defendant Herrera, and attaches copies of her

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medical bills in support.

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In her amended complaint, Ms. Thompson clarifies that her claim against Dennis Herrera

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(and San Francisco) is based on the “personal negligence” of the bus driver who operated the

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wheelchair lift that injured Ms. Thompson, and that she is seeking $75,000 for emotional pain and

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suffering. Dkt. No. 24 at 2-3. A personal negligence claim against a municipal bus driver is a

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state law claim, not a claim that can be brought on its own in federal court without diversity

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jurisdiction. Thompson also states that the bus line she was riding stops in front of a “federally

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subsidized building,” but that does not make her negligence claim a federal claim. Finally,

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Thompson alleges that “sometimes” defendant Dennis Herrera “is in the State of California and

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sometimes he is not in California,” but that does not establish that plaintiff and defendant are

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citizen of different states to establish diversity jurisdiction.

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Based on the facts alleged by Ms. Thompson, I do not have jurisdiction to consider her

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state law claims. Because Ms. Thompson, despite the guidance provided in the prior orders, has

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not been able to allege facts necessary to state a federal claim or allege diversity jurisdiction, each

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of her cases (Case No. 17-cv-05141-WHO, Case No. 17-cv-05163-WHO, Case No. 17-cv-05843-

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WHO) is DISMISSED without prejudice.

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United States District Court
Northern District of California

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The Clerk shall close these cases.
IT IS SO ORDERED.
Dated: February 7, 2018

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William H. Orrick
United States District Judge

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