Nassif v. The State of Florida

Filing 4

ORDER DISMISSING CASE for Lack of Jurisdiction. The case is CLOSED. Signed by Judge James I. Cohn on 3/17/2015. (sry)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 15-60523-CIV-COHN
MRS. ELSY EMILE MATTAR NASSIF,
Plaintiff,
v.
THE STATE OF FLORIDA,
THE CITY OF PLANTATION,
THE CITY OF DAVIE, and
FOUNTAIN SPRINGS
HOMEOWNERS’ ASSOCIATION,
Defendants.
_________________________________/
ORDER DISMISSING CASE FOR LACK OF JURISDICTION
THIS CAUSE is before the Court upon Plaintiff’s pro se Complaint [DE 1] and
Application to Proceed in District Court Without Prepaying Fees or Costs [DE 3]. The
Court has carefully reviewed these filings and is otherwise fully advised in the premises.
The Complaint is disjointed and largely incomprehensible. Plaintiff appears to
claim “Defamation of Character,” DE 1 at 1, though she pleads no specific facts about
how, or by whom, she was allegedly defamed. See id. at 1-2. A more fundamental
problem also exists: Plaintiff fails to explain the basis for federal jurisdiction over her
defamation claim against Defendants. See Underwriters at Lloyd’s v. Osting-Schwinn,
613 F.3d 1079, 1085 (11th Cir. 2010) (“The party commencing suit in federal court . . .
has the burden of establishing, by a preponderance of the evidence, facts supporting
the existence of federal jurisdiction.”). Instead, Plaintiff merely states that she “want[s]
to be heard in a court (Federal) of law regarding injustice.” DE 1 at 1. Because Plaintiff
has not met her burden of demonstrating that subject-matter jurisdiction is present,

dismissal is required. See Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time
that it lacks subject-matter jurisdiction, the court must dismiss the action.”).
Accordingly, it is hereby
ORDERED AND ADJUDGED as follows:
1.

The above-styled action is DISMISSED WITHOUT PREJUDICE for lack of
subject-matter jurisdiction;

2.

Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs [DE 3] is DENIED; and

3.

The Clerk shall CLOSE this case and DENY AS MOOT all pending motions.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,

Florida, this 17th day of March, 2015.

Copies provided to:
Elsy Emile Mattar Nassif
10790 Cameron Ct.
Davie, FL 33324

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