Seco v. Homestead Apartments

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 ANGELA SECO, CASE NO. 2:24-cv-01118-LK 11 Plaintiff, ORDER DISMISSING COMPLAINT 12 v. 13 HOMESTEAD APARTMENTS, et al., 14 Defendants. 15

16 This matter comes before the Court sua sponte. On August 2, 2024, pro se Plaintiff Angela 17 Seco filed a complaint alleging several non-federal causes of action arising out of an apartment 18 rental contract. See Dkt. No. 8 at 1, 10–14; Dkt. No. 9 at 1. However, because Ms. Seco fails to 19 allege subject matter jurisdiction, the Court must dismiss her complaint. If she intends to pursue 20 this action, she must file an amended complaint curing the jurisdictional deficiencies identified 21 herein by September 6, 2024. 22 “Federal courts are courts of limited jurisdiction. They possess only that power authorized 23 by Constitution and statute[.]” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 24 (1994). The Court “ha[s] an independent obligation to determine whether subject-matter 1 jurisdiction exists[.]” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). This determination is an 2 “inflexible” threshold requirement that must be made “without exception, for jurisdiction is power 3 to declare the law and without jurisdiction the court cannot proceed at all in any cause.” Ruhrgas 4 AG v. Marathon Oil Co., 526 U.S. 574, 577 (1999) (cleaned up). And, “[i]f the court determines

5 at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. 6 P. 12(h). 7 Ms. Seco’s civil cover sheet indicates that federal subject matter jurisdiction exists in this 8 case pursuant to 28 U.S.C. § 1332. Dkt. No. 9 at 1. Section 1332(a)(1), commonly referred to as 9 “diversity jurisdiction,” requires that the amount in controversy exceed $75,000 and that the 10 dispute be between citizens of different states. The latter requirement demands complete diversity; 11 that is, each plaintiff must be a citizen of a different state than each of the defendants. See Exxon 12 Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005) (“[T]he presence in the action of 13 a single plaintiff from the same State as a single defendant deprives the district court of original 14 diversity jurisdiction over the entire action.”). Because Ms. Seco alleges that she is a citizen of

15 Washington and brings this action against Defendants who she alleges are also citizens of 16 Washington, she fails to establish subject matter jurisdiction under Section 1332. See Dkt. No. 8 17 at 1–2. 18 Likewise, because Ms. Seco’s complaint alleges only non-federal claims, id. at 10–14, she 19 fails to provide a basis for the Court to exercise jurisdiction under 28 U.S.C. § 1331, which grants 20 district courts “original jurisdiction of all civil actions arising under the Constitution, laws, or 21 treaties of the United States.” 22 For the foregoing reasons, the Court DISMISSES Ms. Seco’s complaint without prejudice 23 and with leave to amend by September 6, 2024. Ms. Seco’s amended complaint must be filed and

24 signed by herself or an attorney, and must provide a basis for the Court to exercise subject matter 1 jurisdiction over her claims. Absent the inclusion of a federal cause of action, the Court notes that 2 amendment would appear futile based on the alleged citizenship of the relevant parties. 3 In addition, a timely filed amended complaint operates as a complete substitute for an 4 original pleading. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). For that reason,

5 any amended complaint must clearly identify the defendant(s), the claim(s) asserted, the specific 6 facts that Ms. Seco’s believes support each claim, and the specific relief requested. If Ms. Seco 7 does not file a proper amended complaint by September 6, 2024, the Court will direct the Clerk to 8 close this matter. 9 The Clerk of Court is directed to mail a copy of this Order to Ms. Seco at her last known 10 address. 11 Dated this 7th day of August, 2024. 12 A 13 Lauren King United States District Judge 14 15 16 17 18 19 20 21 22 23