USALIS v. WESTFALL

Filing 7

ORDER DISMISSING CASE. Plaintiff has failed to state a valid basis for the exercise of this Court's subject matter jurisdiction. For the reasons stated in the filing at this docket entry, this case is DISMISSED WITHOUT PREJUDICE to Plaintiff filing an action in a court of appropriate jurisdiction.Signed by Judge Cathy Bissoon on 4/23/18. (rdl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

HANS USALIS,
Plaintiff,
v.
SARAH WESTFALL,
Defendant.

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Civil Action No. 18-222
Judge Cathy Bissoon

ORDER DISMISSING CASE
This Court ordered Plaintiff to show cause why this case should not be dismissed for lack
of subject matter jurisdiction on April 5, 2018, and set a response deadline for April 19, 2018.
(Doc 6.) As the Court stated in its April 5, 2018 Order, this Court is required to address
questions of subject matter jurisdiction of its own accord. Nesbit v. Gears Unlimited, Inc., 347
F.3d 72, 76-77 (3d Cir. 2003).
Plaintiff’s Complaint (Doc. 3) identifies no valid grounds for the exercise of subject
matter jurisdiction, and Plaintiff has failed to respond to this Court’s Order to Show Cause.
Specifically, Plaintiff’s Complaint alleges that Defendant committed slander against him and
states that both parties to this lawsuit are residents of Pennsylvania. Plaintiff states no claim
arising under federal law and the parties are—to the extent discernible from the Complaint—
citizens of the same state. Therefore, the Court finds that Plaintiff has failed to state a valid basis
for the exercise of this Court’s subject matter jurisdiction and that the Court lacks jurisdiction
over this action.
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For these reasons, this case is DISMISSED WITHOUT PREJUDICE to Plaintiff filing
an action in a court of appropriate jurisdiction.

IT IS SO ORDERED.

April 23, 2018

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via First-Class U.S. mail):
HANS USALIS
1309 LaBelle St.
Pittsburgh, PA 15221

SARAH WESTFALL
1406 Amanda St.
Pittsburgh, PA 15210

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