Shanasha Whitson v. Minnesota Department of Health

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 16, 2021
• Docket: 20-3031
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3031 ___________________________

Shanasha Whitson

lllllllllllllllllllllPlaintiff - Appellant

v.

The Minnesota Department of Health, Infectious Disease Epidemiology Prevention and Control Division HIV/STD, TB Unit; Christine Jones; Jessica Barry; Peggy Darrett-Brewer; Amy Yolanda Castillo

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: March 11, 2021 Filed: March 16, 2021 [Unpublished] ____________

Before KELLY, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM. Shanasha Whitson appeals after the district court1 dismissed her case for lack of subject matter jurisdiction. Upon de novo review, we conclude that Whitson’s complaint failed to establish either diversity or federal question jurisdiction. See Jones v. United States, 727 F.3d 844, 846 (8th Cir. 2013) (standard of review); Junk v. Terminix Int’l Co., 628 F.3d 439, 445 (8th Cir. 2010) (federal court has diversity jurisdiction only where no defendant is citizen of same state as any plaintiff); Biscanin v. Merrill Lynch & Co., Inc., 407 F.3d 905, 906 (8th Cir. 2005) (federal question jurisdiction exists when plaintiff’s right to relief depends upon resolution of substantial question of federal law). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota.

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