Nail v. Government Employees Health Association, Inc.

Filing 28

ORDER -- The Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. On or before October 6, 2017, Plaintiff may file an Amended Complaint. Signed by Judge Roy B. Dalton, Jr. on 9/22/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DANNY NAIL,
Plaintiff,
v.

Case No. 6:17-cv-1462-Orl-37GJK

U.S. OFFICE OF PERSONNEL
MANAGEMENT,
Defendant.
ORDER
Federal courts have the “power to decide only certain type of cases.” See Morrison
v. Allstate Indem. Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). Federal courts also have the
obligation, in every case, to “zealously insure that jurisdiction exists.” See Smith v. GTE
Corp., 236 F.3d 1292, 1299 (11th Cir. 2001). Thus, this action is before the Court sua sponte
for jurisdictional review.
In derivation of Rule 8(a)(1) of the Federal Rules of Civil Procedure, which requires
“a short and plain statement of the grounds for the court’s jurisdiction” in every
complaint, Plaintiff’s Amended Complaint provides no jurisdictional allegations at all.
(See Doc. 1.) Although the Plaintiff has named a federal agency as the Defendant, this fact
alone does not satisfy Rule 8(a)(1) pleading obligations. 1 Thus, repleader is required. See

Although this Court generally may exercise jurisdiction any time the United
States is the plaintiff, 28 U.S.C. § 1345, the Court’s jurisdiction is somewhat restricted when
the United States is the defendant, 28 U.S.C. § 1346.
1

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Fed. R. Civ. P. 12(h)(3) (requiring dismissal when subject jurisdiction is absent).
I.

CONCLUSION

Accordingly, it is hereby ORDERED AND ADJUDGED that:
(1)

The Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.

(2)

On or before October 6, 2017, Plaintiff may file an Amended Complaint.

(3)

Absent timely compliance with the requirements of this Order, this action
will be CLOSED without further notice.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 22, 2017.

Copies to:
Unrepresented Party
Counsel of Record

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