The opinion
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JOHN H. OLIVER, II,
Plaintiff,
v. Case No.: 3:24cv316/TKW/ZCB
TANYANEKIA JOHNSON,
Defendant.
/
REPORT AND RECOMMENDATION
Plaintiff commenced this action pro se by filing a complaint. (Doc.
1). The complaint names Tanyanekia Johnson as the sole Defendant.
The complaint appears to seek a reevaluation of Plaintiff’s child support
payments to Defendant. (Id. at 5). On July 15, 2024, the Court issued
an order requiring Plaintiff to show cause, within fourteen days, as to
why his case should not be dismissed for lack of jurisdiction. (Doc. 3).
That deadline has passed, and Plaintiff has not responded. Accordingly,
this matter should be dismissed.
Federal courts are courts of limited jurisdiction. Bishop v. Reno,
210 F.3d 1295, 1298 (11th Cir. 2000). If a federal court “determines at
any time that it lacks subject-matter jurisdiction, the court must dismiss
the action.” Fed. R. Civ. P. 12(h)(3). Federal subject matter jurisdiction
is based upon either federal question or diversity jurisdiction. See 28
U.S.C. §§ 1331, 1332.
Federal question jurisdiction exists when an action arises under
federal law. 28 U.S.C. § 1331. Actions arise under federal law “when a
federal question is presented on the face of” the well-pleaded complaint,
such as when federal law creates the cause of action that entitles the
plaintiff to relief. Abele v. Tolbert, 130 F. App’x 342, 343 (11th Cir. 2005).
Claims based on state law generally do not confer federal question
jurisdiction. See Dunlap v. G&L Holding Grp., Inc., 381 F.3d 1285, 1290
(11th Cir. 2004).
A second way to invoke federal subject matter jurisdiction is
through diversity jurisdiction. Diversity jurisdiction exists when the
parties are residents of different states and the amount in controversy
exceeds $75,000. 28 U.S.C. § 1332. Diversity jurisdiction requires that
the parties be “completely diverse,” meaning the plaintiff and defendant
cannot be citizens of the same state. Underwriters at Lloyd’s v. Osting-
Schwinn, 613 F.3d 1079, 1085-86 (11th Cir. 2010).
The burden to establish federal subject matter jurisdiction rests on
the party asserting it. Loren v. Sasser, 309 F.3d 1296, 1304 (11th Cir.
2002). Before dismissing a case for lack of subject matter jurisdiction,
the court should provide the plaintiff with notice and an opportunity to
respond. Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1248 (11th
Cir. 2015).
Having reviewed Plaintiff’s complaint, it provides no basis for
federal subject matter jurisdiction. The complaint does not reference
federal law. Rather, the complaint seeks a “re-evaluation” of Plaintiff’s
monthly child support payments to Defendant. (Doc. 1 at 8). He has
provided the Court with no reason to believe that federal law governs the
child support dispute.
Plaintiff’s complaint also fails to establish diversity jurisdiction.
Plaintiff lives in Florida (id. at 2), and he failed to provide an address for
Defendant. Thus, he has not established complete diversity. Nor does
his complaint plausibly allege damages that exceed the jurisdictional
threshold of $75,000. Moreover, Plaintiff’s complaint appears to be
asking for a federal court to review a state court’s child support
determination. (Id. at 5). The Rooker-Feldman doctrine generally bars
lower federal courts from reviewing state court decisions involving child
support. See, e.g., Brown v. Coffin, 766 F. App’x 929 (11th Cir. 2019)
(affirming the district court’s dismissal of plaintiff’s case for lack of
subject matter jurisdiction when plaintiff sought federal court review of
state court child-support and enforcement orders).
Before recommending dismissal for lack of subject matter
jurisdiction, the Court provided Plaintiff with notice and an opportunity
to respond by way of the show cause order. Plaintiff had until July 29,
2024 to explain why his case should not be dismissed for lack of subject
matter jurisdiction. He did not respond.
For the reasons above, it is respectfully RECOMMENDED that:
1. This case be DISMISSED without prejudice for lack of
subject matter jurisdiction.
2. The Clerk of Court be directed to close this case.
At Pensacola, Florida, this 8th day of August 2024.
/s/
Zachary C. Bolitho
United States Magistrate Judge
Notice To The Parties
Objections to these proposed findings and recommendations must
be filed within fourteen days of the date of the Report and
Recommendation. Any different deadline that may appear on the
electronic docket is for the court’s internal use only and does not
control. An objecting party must serve a copy of the objections on all
other parties. A party who fails to object to the magistrate judge’s
findings or recommendations contained in a report and recommendation
waives the right to challenge on appeal the district court’s order based on
unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28
U.S.C. § 636.