Hunter v. Christiana Trust

Filing 7

ORDER DISMISSING CASE Closing Case. Signed by Judge Darrin P. Gayles on 4/30/2015. (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 15-21591-CIV-GAYLES/TURNOFF
CARLTON HUNTER,
Plaintiff,
vs.
CHRISTIANA TRUST,
a division of Wilmington
Savings Fund Society, FSB,
not in its individual capacity
but as trustee for ARLP
Trust 2,
Defendant.
______________________/
ORDER OF DISMISSAL
THIS CAUSE came before the Court sua sponte.

The Court has reviewed the

Complaint, the record and is otherwise fully advised.
On April 28, 2015, Plaintiff filed a Complaint against Defendant, Christiana Trust,
alleging “trespass [forgery]” related to his property. Plaintiff does not allege a basis for this
Court’s subject matter jurisdiction over the action. There does not appear to be federal question
jurisdiction over Plaintiff’s claim and Plaintiff has not alleged diversity of citizenship between
the parties. As a result, the Court must dismiss the action for lack of subject matter jurisdiction.
See Rivas v. Equitymax, Inc., No. 14-81433-CIV, 2015 WL 1505837 (S.D. Fla., March 31, 2015)
([W]e are not free to disregard the jurisdictional issue, for without jurisdiction we are powerless
to consider the merits. If we lack jurisdiction, it is our duty to notice that fact sua sponte.”)
(quoting Wernick v. Matthews, 524 F.3d 543, 545 (5th Cir. 1975). Accordingly, it is

ORDERED AND ADJUDGED that this action is DISMISSED for lack of subject
matter jurisdiction. The Clerk is instructed to mark this case closed.
DONE AND ORDERED in Chambers at Miami, Florida, this 30th day of April, 2015.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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