Reported / Citable
Background
Cedric Greene, proceeding pro se, sued Long Beach Transit over an incident at a California bus stop on March 22, 2022. He alleged that a bus operator denied him the opportunity to board. Greene asserted that the case presented a federal question, referenced the Thirteenth Amendment, and also requested an opportunity to establish diversity jurisdiction.
Greene separately applied to proceed without prepaying fees or costs and moved for court-ordered alternative methods concerning his responsibility to serve the defendant. The matter came before U.S. Magistrate Judge Karen Betancourt, who issued a report and recommendation rather than a final dismissal order.
The Court’s Holding
The magistrate judge recommended dismissing Greene’s claims without prejudice for lack of subject-matter jurisdiction. Addressing diversity jurisdiction, the report found that Greene had not alleged an amount in controversy exceeding the statutory threshold and had not distinctly and affirmatively alleged each party’s citizenship. Greene’s assertion that he was not a citizen of any state did not cure those deficiencies.
The report explained that its issuance would give Greene a reasonable opportunity to present evidence or argument supporting jurisdiction through the objection process. It also recommended denying his fee application and service-related motion as moot and directing the clerk to close the case.
After identifying two other Brownsville Division cases in which the magistrate judge had recommended dismissal without prejudice—one recommendation had been adopted and the other was identified only as a report and recommendation—and five additional pending cases, the report warned Greene that repetitive, frivolous litigation could lead to sanctions, including restrictions on filing future pro se complaints without prior permission. It did not impose sanctions or a prefiling injunction.
Key Takeaways
- A plaintiff invoking diversity jurisdiction must distinctly and affirmatively allege the parties’ citizenship and an amount in controversy exceeding the statutory minimum.
- The recommended dismissal was without prejudice, and Greene had 14 days after service of the report to file specific written objections.
- The magistrate judge warned that repetitive, frivolous filings could result in sanctions but imposed no filing restriction in this report.
Why It Matters
The report illustrates that liberal construction of a pro se complaint does not relieve the plaintiff of the burden to establish federal subject-matter jurisdiction. Conclusory or incomplete diversity allegations are insufficient when the complaint does not properly plead citizenship and the jurisdictional amount.
Because this document is a magistrate judge’s report and recommendation, its proposed disposition remained subject to review by the district judge after the objection period.