Davis v. Davis

Background

James Anthony Davis filed a complaint alleging that Hosie Davis Jr. and Beulah Davis, identified as his parents, committed neglect and physical, emotional, and sexual abuse against him while he was a minor.

Procedural history

The case was first dismissed after the court denied Davis permission to proceed without paying the filing fee under the Prison Litigation Reform Act’s three-strikes rule. That rule generally bars an incarcerated prisoner who has had three or more qualifying prior cases dismissed from proceeding without paying the fee, unless the prisoner faces imminent danger of serious physical injury.

After an appeal, the district court granted Davis permission to proceed without paying the fee but dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The court concluded that the allegations did not establish diversity jurisdiction because Davis alleged that he was a citizen of New York and that his parents were also New York citizens. The court did not address whether Davis’s lack of a lawyer affected the case, and it denied leave to amend.

The Second Circuit later remanded the case and ordered the district court to appoint counsel and, after counsel was appointed, allow Davis to amend the complaint. The appeals court stated that an amendment could clarify whether the parties were citizens of different states and whether Davis alleged that his parents sexually abused him as a child.

Order

The court ordered its Pro Se Office to seek pro bono counsel—meaning a lawyer who would represent Davis without charging him—for Davis. The Clerk of Court was directed to mail a copy of the order to Davis. The order did not itself appoint counsel, decide the underlying abuse allegations, or rule on any amended complaint.

Judge Paul G. Gardephe signed the order on April 20, 2023.