Shepard v. Jacobs-Epps

Background

Stephen C. Shepard filed the action without a lawyer and asked to proceed without paying filing fees upfront. He invoked federal-question jurisdiction. Shepard alleged that Brenda Jacobs Epps was “preventing me from moving to another state, Tennessee, if I kept her as a Power of Attorney.” He also asked that Jacobs Epps be removed from his bank and insurance accounts, power of attorney, Social Security, and pension matters. The complaint included part of a Chase Bank statement and emails from Arquelia Vega concerning a possible move and an alleged $250 debt.

Jurisdiction

Federal district courts generally have jurisdiction over cases arising under federal law or cases between citizens of different states when the amount in controversy exceeds $75,000. The court held that Shepard’s complaint did not allege facts showing a federal-law claim. The court noted that a power of attorney is governed by state law. It also explained that, if Shepard intended to bring a claim under 42 U.S.C. § 1983, he would need to allege both a violation of a federal right and action by a person acting under state authority; the complaint did not suggest that Jacobs Epps was a state actor.

The court also held that the complaint did not establish diversity jurisdiction. Shepard stated that he resided in New York County and Jacobs Epps resided in Queens County. Because both were alleged to reside in New York, the complaint did not show that they were citizens of different states.

Disposition

The court dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). Because Shepard was representing himself, Judge Laura Taylor Swain granted him 30 days’ leave to file an amended complaint providing additional facts that could show federal jurisdiction. The court stated that it would direct the Clerk of Court to enter judgment if Shepard did not timely amend. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.