IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

STEPHEN M. HUCKEBA, ID # 1222324, )

Plaintiff, )

vs. ) No. 3:05-CV-1705-B

)

JOHNNY ROUSSEAU, )

Defendant. )

FINDINGS, CONCLUSIONS, AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

Pursuant to the provisions of 28 U.S.C. § 636(b) and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The

findings, conclusions, and recommendation of the Magistrate Judge are as follows:

I. BACKGROUND

On August 23, 2005, the Court received a “Notification of a Lien to be Claimed and

Heirship” and an application to proceed in forma pauperis from plaintiff. The Court construes the

Notification as a civil complaint against Johnny Rousseau. Contemporaneously with these findings,

the Court has granted plaintiff permission to proceed with this action in forma pauperis. The instant

action concerns the estate of the late Sherry Lynn Rousseau, plaintiff’s sister. No process has been

issued in this case. 

II. JURISDICTION

“Federal courts are courts of limited jurisdiction. They possess only that power authorized

by Constitution and statute, which is not to be expanded by judicial decree.” Kokkonen v. Guardian

Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). They “must presume that a suit

lies outside this limited jurisdiction, and the burden of establishing federal jurisdiction rests on the

party seeking the federal forum.” Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5th Cir. 2001).

 

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 Supplemental jurisdiction is unavailable because plaintiff has asserted no claim which provides an independent federal

basis for jurisdiction. 

2

In this instance, plaintiff asserts no viable federal statutory or constitutional basis for this suit

against Johnny Rousseau. Plaintiff’s claims do not appear to arise under federal law. To the extent

plaintiff has claims against defendant, such claims arise under state law. However, federal courts

have no jurisdiction over such claims in the absence of diversity jurisdiction under 28 U.S.C. §

1332.1 Plaintiff provides no facts which indicate that the requirements for diversity jurisdiction

exists. He lists a Texas address for both himself and defendant. Such addresses indicate a lack of

diversity. As the party seeking to invoke this Court’s jurisdiction, plaintiff has the burden to show

that diversity jurisdiction exists. See Stafford v. Mobil Oil Corp., 945 F.2d 803, 804 (5th Cir. 1991).

Plaintiff has not carried that burden. 

 Courts have “a continuing obligation to examine the basis for jurisdiction.” See MCG, Inc.

v. Great Western Energy Corp., 896 F.2d 170, 173 (5th Cir. 1990). The Court may sua sponte raise

the jurisdictional issue at any time. Id.; Burge v. Parish of St. Tammany, 187 F.3d 452, 465-66 (5th

Cir. 1999). Fed. R. Civ. P. 12(h)(3) requires that federal courts dismiss an action “[w]henever it

appears by suggestion of the parties or otherwise that the court lacks jurisdiction over the subject

matter.” Because it appears that the Court lacks subject matter jurisdiction, this action should be

dismissed.

 

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III. RECOMMENDATION

For the foregoing reasons, it is recommended that the District Court DISMISS plaintiff’s

complaint for lack of subject matter jurisdiction. 

SIGNED this 29th day of September, 2005. 

 ___________________________________

 IRMA CARRILLO RAMIREZ

 UNITED STATES MAGISTRATE JUDGE

INSTRUCTIONS FOR SERVICE AND

NOTICE OF RIGHT TO APPEAL/OBJECT

The United States District Clerk shall serve a copy of these findings, conclusions, and recommendation on plaintiff by mailing a copy to him. Pursuant to 28 U.S.C. § 636(b)(1), any party who

desires to object to these findings, conclusions and recommendation must file and serve written

objections within ten (10) days after being served with a copy. A party filing objections must specifically identify those findings, conclusions, or recommendation to which objections are being made.

The District Court need not consider frivolous, conclusory, or general objections. Failure to file

written objections to the proposed findings, conclusions, and recommendation within ten days after

being served with a copy shall bar the aggrieved party from appealing the factual findings and legal

conclusions of the Magistrate Judge that are accepted by the District Court, except upon grounds

of plain error. Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc).

 ___________________________________

 IRMA CARRILLO RAMIREZ

 UNITED STATES MAGISTRATE JUDGE

 

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