Doward v. Lake
- Jerry Blackwell
- 0:24-cv-00158
- U.S. District Court · District of Minnesota
- 2
In Doward v. Lake, Judge Blackwell dismissed the action without prejudice because Doward improperly removed claims and federal subject-matter jurisdiction was lacking.
Monique Annette Doward’s federal action was dismissed without prejudice, and her fee-waiver application was denied as moot; Kathryn Lake was affected by the dismissal of the action.
What happened
In Doward v. Lake, Monique Annette Doward, who represented herself, objected to a magistrate judge’s recommendation concerning her attempted removal of claims involving Kathryn Lake. She argued that a federal question and diversity of citizenship supported federal jurisdiction.
The court rejected both objections. It ruled that Doward could not remove her own claims and had not shown that Lake’s original claims could have been filed in federal court. It also noted that Doward stated both parties were Minnesota residents, so diversity jurisdiction was absent.
Judge Jerry W. Blackwell accepted the recommendation and dismissed the action without prejudice for improper removal and lack of subject-matter jurisdiction. The court also denied Doward’s application to proceed without prepaying fees or costs as moot.
The detailed version
- Doward v. Lake · No. 0:24-cv-00158
- Jerry W. Blackwell
- Apr. 2, 2024
Background
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on January 30, 2024. Monique Annette Doward filed objections. Doward represented herself; Kathryn Lake was represented by counsel.
The Court’s Analysis
The district court reviewed Doward’s objections under the rules governing review of a magistrate judge’s recommendation. Because Doward was representing herself, the court read her objections liberally, but it found that neither objection had merit or specifically challenged the recommendation’s findings.
The court ruled that Doward could not remove her own claims to federal court, whether acting as a plaintiff or as a plaintiff on a counterclaim. The court also found that Doward had not removed Lake’s original claims and had not shown that those claims could have been filed originally in federal court. In addition, Doward stated that both parties were Minnesota residents. The court therefore found that diversity jurisdiction—which can permit a federal court to hear certain disputes between citizens of different states—was lacking. It concluded that there was no subject-matter jurisdiction, meaning the federal court lacked legal authority to hear the action.
Disposition
Judge Jerry W. Blackwell overruled Doward’s objections and accepted the January 30, 2024 Report and Recommendation. The court dismissed the present action without prejudice for improper removal and lack of subject-matter jurisdiction. It denied Doward’s application to proceed in district court without prepaying fees or costs as moot.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.