Depina et al v. City of Boston et al

Filing 40

Judge Joseph L. Tauro: ORDER entered. This court hereby orders that this case is dismissed for lack of subject matter jurisdiction. A federal district court lacking subject matter jurisdiction has a duty to dismiss the case sua sponte.1 This court c an find no basis for federal subject matter jurisdiction in the Complaint 1 or in Plaintiffs' Response 37 , 38 to this court's Order to Show Cause 34 . The citizenship of the parties is not completely diverse, and Plaintiffs bring no c laims under federal law. Rather,Plaintiffs bring eight claims under Massachusetts statutory and tort law. Because this court does not have original jurisdiction over any claims in the Complaint, this court may not exercise supplemental jurisdiction over the state law claims. Accordingly, this case must be dismissed. THIS CASE IS CLOSED. IT IS SO ORDERED.(Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ANY DEPINA, et. al.,
Plaintiffs,
v.
AYANNA S. RICHARDSON, et. al.,
Defendants.

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Civil Action No. 11-11552-JLT

ORDER
January 2, 2013
TAURO, J.
This court hereby orders that this case is dismissed for lack of subject matter jurisdiction.
A federal district court lacking subject matter jurisdiction has a duty to dismiss the case sua
sponte.1 This court can find no basis for federal subject matter jurisdiction in the Complaint [#1]
or in Plaintiffs’ Response [#37, 38] to this court’s Order to Show Cause [#34]. The citizenship of
the parties is not completely diverse, and Plaintiffs bring no claims under federal law. Rather,
Plaintiffs bring eight claims under Massachusetts statutory and tort law. Because this court does
not have original jurisdiction over any claims in the Complaint, this court may not exercise
supplemental jurisdiction over the state law claims. Accordingly, this case must be dismissed.
THIS CASE IS CLOSED.

IT IS SO ORDERED.
/s/ Joseph L. Tauro
United States District Judge

1

Fed. R. Civ. P. 12(h)(3).