Stoudemire v. Cleveland.com et al

Filing 4

Memorandum Opinion and Order. This action is dismissed for lack of federal subject-matter jurisdiction. The Court further certifies that an appeal from this decision could not be taken in good faith. 28 U.S.C. § 1915(a)(3). Signed by Judge Donald C. Nugent on 1/16/2018. (S,SR)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
Jalila Stoudemire,
Plaintiff,
v.
Cleveland.com, et al.,
Defendants.

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CASE NO. 1:17 CV 2435
JUDGE DONALD C. NUGENT

MEMORANDUM OF OPINION
AND ORDER

Pro se Plaintiff Jalilia Soudemire, a federal prisoner, has filed this in forma pauperis civil
action against four defendants: Cleveland.com; Adam Ferrise; Virginia Wang; and Chris Quinn.
(Doc. No. 1.) She seeks damages for defamation.
Federal courts, however, are courts of limited jurisdiction and must dismiss any case in
which they determine federal subject-matter jurisdiction is lacking. See Nagalingam v. Wilson,
Sowards, Bowling & Costanzo, 8 F. App'x 486, 487, 2001 WL 493392 (6th Cir. May 1, 2001). The
party who seeks to invoke a federal court’s jurisdiction bears the burden of establishing the court’s
authority to hear the case. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994).
“If the court determines at any time that it lacks subject-matter jurisdiction, [it] must dismiss the
action.” Fed. R. Civ. P. 12(h)(3).
The Plaintiff has not demonstrated a basis for this Court to exercise jurisdiction over her
state-law defamation claims. Although she contends federal subject-matter jurisdiction exists on
the basis of diversity of citizenship under 28 U.S.C. §1332, she has failed to plead the citizenship

of any of the parties in the case. (See Doc. No. 1 at 2-3.)
Accordingly, this action is dismissed for lack of federal subject-matter jurisdiction. The
Court further certifies that an appeal from this decision could not be taken in good faith. 28 U.S.C.
§ 1915(a)(3).
IT IS SO ORDERED.

/s/Donald C. Nugent
DONALD C. NUGENT
UNITED STATES DISTRICT JUDGE
Dated: __January 16, 2018__

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