Masimo v. Dairyland Insurance Company et al

Filing 5

Opinion & Order signed by Judge James S. Gwin on 4/14/17. The Court, for the reasons set forth in this order, dismisses this action without prejudice as to any valid state law claim plaintiff may have based on the facts alleged. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

ANNIE E. MASIMO,
Plaintiff,
v.
DAIRYLAND INSURANCE COMPANY, et al.,
Defendants.

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CASE NO. 1:17 CV 627
JUDGE JAMES S. GWIN
OPINION & ORDER

Before the Court is Plaintiff pro se Annie E. Masimo’s Amended Complaint against
Defendants Dairyland Insurance Company, Alan Owen, Jeanine Kairanga, Donald Martens &
Sons, Stratford Insurance Company, and Edwin M. Torres. Plaintiff seeks to assert a claim
based on an automobile accident in which she and her children were passengers in a vehicle
driven by Kairainga. She asks for damages resulting from the accident, including for medical
expenses and lost wages.
Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364,
365, (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), a "district court may, at
any time, sua sponte dismiss a complaint for lack of subject matter jurisdiction . . . “ Apple v.
Glenn, 183 F.3d 477, 479 (6th Cir.1999). Even construing the Amended Complaint liberally,
there is no suggestion of any possible basis for this Court's jurisdiction. Plaintiff does not
invoke a federal statute in support of her claim, and complete diversity of citizenship between
plaintiff and defendants does not exist. This action is therefore subject to summary dismissal.

Lowe v. Huffstutler, No. 89-5996, 1990 WL 66822 (6th Cir. May 21, 1990).
Accordingly, this action is dismissed. The dismissal is without prejudice to any valid
state law claim Plaintiff may have based on the facts alleged. The Court certifies, pursuant to
28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.
IT IS SO ORDERED.

Dated: April 14, 2017

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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