Davis v. Payne et al

Filing 6

ORDER DISMISSING CASE for Lack of Subject Matter Jurisdiction. Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHERYL J. DAVIS,
Plaintiff,
vs.

No. 13-cv-11538
Hon. Gerald E. Rosen

DAVID PAYNE and
CARTER AKINRUL,
Defendants.
____________________________/
ORDER DISMISSING CASE FOR LACK OF
SUBJECT MATTER JURISDICTION
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on April 09, 2013
PRESENT:

Honorable Gerald E. Rosen
United States District Chief Judge

Sheryl J. Davis, having been granted in forma pauperis status, filed a rambling
Complaint in this action on April 4, 2013 complaining of injuries she allegedly suffered
as a result of a bus accident involving the Grand River #4164 DDOT bus on March 25,
2013. Plaintiff was allegedly a passenger on the bus at the time. In her Complaint,
Plaintiff is suing the bus driver and the driver of the car involved in the accident, both of
whom are Michigan citizens for negligent and wreckless driving. [See Michigan Traffic
Crash Report, appended as an exhibit to Plaintiff’s Complaint]. Her Complaint also
includes a list of a number of other state law theories of recovery including defamation,
libel, slander, false arrest, premeditated murder, manslaughter, larceny, and intentional

infliction of emotional distress, but not additional facts.
However, nowhere in Plaintiff’s Complaint is there any allegation of the basis of
federal subject matter jurisdiction. Further, as indicated, the two defendants -- David
Payne and Carter Akinrul -- Michigan citizens. [See Michigan Traffic Report appended
to Plaintiff’s Complaint.] Hence, complete diversity of citizenship among the parties is
lacking. Therefore, diversity of citizenship jurisdiction under 28 U.S.C. § 1332 is
lacking. Similarly, federal question jurisdiction also appears to be lacking. Plaintiff’s
Complaint alleges only state law claims. She has not alleged any violation of any
provision of the United States Constitution or any federal statute, and it does not appear
that any federal cause of action arises from the facts alleged. Therefore, there is no
jurisdiction under 28 U.S.C. § 1331. Rather, it appears that Plaintiff’s Complaint sounds
only in common law negligence.
For all of the foregoing reasons,
IT IS HEREBY ORDERED that Plaintiff’s Complaint be, and hereby is,
DISMISSED for lack of jurisdiction, without prejudice.
s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: April 9, 2013
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on April 9, 2013, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, [phone]