Berisha v. Idaho Industrial Comission et al

Filing 8

MEMORANDUM DECISION re 1 Complaint filed by Sanije Berisha. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

SANIJE BERISHA
Case No. 1:13-CV-85-BLW
Plaintiff,
MEMORANDUM DECISION
v.
IDAHO INDUSTRIAL COMMISSION;
GROVE HOTEL; and INSURANCE
COMPANY OF THE WEST
Defendants.

On February 19, 2013, Plaintiff filed this action against the Idaho Industrial
Commission, the Grove Hotel, and the Insurance Company of the West. Her complaint is
on the form entitled “Prisoner Complaint” although there is no indication in the complaint
that she has ever been incarcerated. She alleges that she injured her hand in 2002 while
working at the Grove Hotel, and that over the next decade, the defendants treated her
unfairly.
The complaint contains no jurisdictional allegation. Rule 8(a) requires that the
complaint contain a “statement of the grounds for the court’s jurisdiction.” Rule 12(h)(3)
states that the Court “must dismiss the action” if it determines “at any time that it lacks
subject-matter jurisdiction.” While the Court would permit amendment if it could discern
Memorandum Decision - 1

any basis for jurisdiction, the Court can discern none here. Accordingly, the Court will
dismiss the action, although it will do so without prejudice to plaintiff’s right to re-file the
law suit with the proper allegations. The Court will enter a separate Judgment as required
by Rule 58(a).

DATED: April 3, 2013

Honorable B. Lynn Winmill
Chief U. S. District Judge

Memorandum Decision - 2