Hunter v. St. Louis, City of

Filing 5

MEMORANDUM AND ORDER ( Show Cause Response due by 11/6/2015.)IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2 is GRANTED. IT IS FURTHER ORDERED that plaintiff must show cause, no later than twenty-one (21) days from the date of this Order, why this case should not be dismissed for lack of jurisdiction.. Signed by District Judge Ronnie L. White on 10/16/2015. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

GEORGIA HUNTER,

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Plaintiff,
v.

CITY OF ST. LOUIS ,
Defendant.

No. 4:15CV1579 RLW

MEMORANDUM AND ORDER

Plaintiff seeks leave to proceed in forma pauperis in this action for wrongful death under
state law. The motion is granted. The issue is whether subject matter exists in this case.
Plaintiff alleges that Major Hunter, III, died on October 14, 2012, as the result of a car
accident in the City of St. Louis. She says that a pothole caused his car to go "airborne and
result[ed] in his death after hitting it." She seeks monetary damages.
Under Rule 12(h)(3) of the Federal Rules of Civil Procedure, the Court is required to
review each case to determine whether subject matter exists, and the Court is required to dismiss
at any time if it determines that subject matter jurisdiction is lacking.
This is a state law claim, so federal question jurisdiction does not exist under 28 U.S.C.
§ 1331. Therefore, for plaintiff to bring this claim in federal court, diversity jurisdiction must

exist under 28 U.S .C. § 1332.
For diversity jurisdiction to exist, plaintiff and defendant must be "citizens of different
States." 28 U. S.C. § 1332(a)(l ).

" It is, to say the least, well settled that federal diversity

jurisdiction requires complete diversity, so that no defendant is a citizen of the same state as any
plaintiff." Walker v. Norwest Corp. , 108 F.3d 158, 162 (8th Cir.1997). In this case, plaintiff

lives in Missouri and the City of St. Louis is in Missouri. Therefore, diversity jurisdiction does
not exist.
Before dismissing this case, the Court will allow plaintiff to show cause why the
complaint should not be dismissed. If plaintiff wishes, she may file an amended complaint with
proper allegations of federal jurisdiction.
According! y,
IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF

No. 2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff must show cause, no later than twenty-one

(21) days from the date of this Order, why this case should not be dismissed for lack of
jurisdiction.

Dated this/6rAaay of October, 2015.

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RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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