Johnson v. Secure Pawn Shop

Background

Robert W. Johnson appeared without a lawyer and proceeded without paying the court filing fee. He sued Secure Pawn Shop, two unidentified clerks who might be employed by the shop, and Dell, Inc. Johnson alleged that on September 16, 2019, he bought a Dell laptop and battery charger from Secure Pawn Shop for $170, excluding taxes, and did not receive a receipt. He alleged that the charger was incompatible with the laptop and that the laptop's software was faulty and the charger created a risk of overheating and other computer problems. He sought $350,000,000 in damages.

Screening standard

Because Johnson was proceeding without paying the filing fee, the court was required to dismiss the complaint if it was frivolous or malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or lacked subject-matter jurisdiction. The court also explained that it had to read a self-represented plaintiff's allegations generously, but the complaint still had to provide enough facts to make a claim plausible.

Federal-question jurisdiction

Johnson invoked federal-question jurisdiction, which allows federal courts to hear claims arising under the Constitution, federal laws, or treaties. The court concluded that his allegations—product liability, failure to warn, failure to provide a receipt, negligence, breach of sales and contracts, improper labeling, faulty products, dangerous products, and defective products—did not suggest a claim arising under federal law. Merely asserting federal-question jurisdiction did not create that jurisdiction.

Diversity jurisdiction

The court then considered diversity jurisdiction, which can allow federal courts to hear state-law claims when the plaintiff and defendants are citizens of different states and more than $75,000 is at stake. The court stated that Johnson resided in the Bronx, New York, and therefore was presumed to be a citizen of New York. The only address Johnson gave for a defendant was the Bronx, New York, address of Secure Pawn Shop. The court therefore concluded that Secure Pawn Shop was also a citizen of New York, meaning the parties were not completely diverse. The court did not identify sufficient facts establishing diversity as to the other defendants.

Ruling

Judge Colleen McMahon dismissed the action for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The dismissal was without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Johnson permission to proceed without paying fees for an appeal. The clerk was directed to mail Johnson a copy of the order and record service on the docket.