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Selensky v. Infirmary

United States Court of Appeals, Eleventh Circuit
Mar 9, 2007
221 F. App'x 814 (11th Cir. 2007)

Summary

affirming district court's dismissal for lack of subject-matter jurisdiction where pro se plaintiff "did not plead facts sufficient to demonstrate complete diversity of citizenship among the parties or to state a claim involving a substantial question of federal law . . ."

Summary of this case from Richardson v. Warner Brothers Records

Opinion

No. 06-13763 Non-Argument Calendar.

March 9, 2007.

Linda Cone Selensky, Mobile, AL, pro se.

Appeal from the United States District Court for the Southern District of Alabama. D.C. Docket No. 06-00217-CV-WS-M.

Before DUBINA, CARNES and BARKETT, Circuit Judges.


Linda Cone Selensky, acting pro se, appeals the dismissal without prejudice of her civil action against Mobile Infirmary, a group of doctors, Coleman American Moving, Inc., and an entity called Gallagher-Bassett, for lack of subject matter jurisdiction.

In order for a federal district court to have jurisdiction over a claim, a plaintiff must show, on the face of the complaint, either complete diversity of citizenship or that a "substantial" issue of federal law is raised by the claim. See Dunlap v. G L Holding Group, Inc., 381 F.3d 1285, 1290 (11th Cir. 2004) (citations omitted). Because Selensky's claims were based on allegations of tortious and fraudulent conduct by private actors within her state of residence, and because she did not plead facts sufficient to demonstrate complete diversity of citizenship among the parties or to state a claim involving a substantial question of federal law, the district court did not err in dismissing the action for lack of subject matter jurisdiction. Accordingly, we affirm.

AFFIRMED.


Summaries of

Selensky v. Infirmary

United States Court of Appeals, Eleventh Circuit
Mar 9, 2007
221 F. App'x 814 (11th Cir. 2007)

affirming district court's dismissal for lack of subject-matter jurisdiction where pro se plaintiff "did not plead facts sufficient to demonstrate complete diversity of citizenship among the parties or to state a claim involving a substantial question of federal law . . ."

Summary of this case from Richardson v. Warner Brothers Records

affirming the dismissal of a case for lack of subject matter jurisdiction where the plaintiff pled facts that did not establish diversity of citizenship

Summary of this case from Williams v. Wyndham World Wide Corp.
Case details for

Selensky v. Infirmary

Case Details

Full title:Linda Cone SELENSKY, Plaintiff-Appellant, v. MOBILE INFIRMARY, Dr. James…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Mar 9, 2007

Citations

221 F. App'x 814 (11th Cir. 2007)

Citing Cases

Williams v. Wyndham World Wide Corp.

concluding that the court lacked subject matter jurisdiction, and therefore dismissal of the case was proper,…

Selensky v. Infirmary

Linda Cone SELENSKY, petitioner, v. MOBILE INFIRMARY, et al.Case below, 221 Fed.Appx. 814. Petition for writ…