WESTFALL v. USALIS

Filing 6

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

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

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Civil Action No. 18-434
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 6, 2018, and set a response deadline for April 20, 2018.
(Doc 3.) As the Court stated in its April 6, 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. 4) 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.
Plaintiff’s Complaint asserts claims against Defendant “for emotional distress [and] for physical
and emotional abuse on both me and my minor child.” (Complaint at ¶ III.) While Plaintiff
indicated that the jurisdictional basis for her suit is the existence of a federal question, there is no
federal civil cause of action for emotional distress or for physical and emotional abuse.
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):
SARAH WESTFALL
1406 Amanda St.
Pittsburgh, PA 15210
HANS USALIS
1309 LaBelle St.
Pittsburgh, PA 15221

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