Jones v. Clark County School District, 2:15-cv-01716

Pro se plaintiff Joyce M. Jones sued Clark County School District for breach of contract seeking about $200,000 in damages.
Jones filed an Application to Proceed In Forma Pauperis (IFP) and a Complaint.
Jones reported monthly gross income of $1,648 and expenses of $1,789; court granted IFP status.
The court reviewed subject-matter jurisdiction under Rule 12(h)(3) and found potential defects.
Jones invoked federal jurisdiction via 28 U.S.C. §§ 1345 and 1348 and alternatively diversity jurisdiction under 28 U.S.C. § 1332.
The court concluded the federal statutes Jones cited did not apply to a local school district and that diversity jurisdiction failed because the parties were all Nevada residents, and recommended dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether IFP should be granted	Jones asserted inability to prepay fees based on income/expenses	No opposing argument on IFP in the record	IFP granted (Jones permitted to proceed without prepayment)
Whether federal-question jurisdiction exists under §§ 1345, 1348	Jones invoked §§ 1345/1348 to confer federal jurisdiction over her breach-of-contract claim	CCS District not a U.S. agency/officer or a national bank; the statutes therefore don't apply	§§ 1345 and 1348 do not confer jurisdiction; claim not federal-question under those statutes
Whether diversity jurisdiction under § 1332 exists	Jones alleged jurisdiction under § 1332	Parties (Jones, School District, Superintendent) are all Nevada residents; no complete diversity	Diversity jurisdiction lacking; § 1332 does not apply
Whether the complaint should proceed	Jones seeks to maintain contract action in federal court	Court determined lack of subject-matter jurisdiction under Rule 12(h)(3)	Complaint recommended dismissed for lack of subject-matter jurisdiction

Couch v. Telescope Inc., 611 F.3d 629 (9th Cir. 2010) (federal courts limited to Article III/statutory grants of jurisdiction)
Bender v. Williamsport Area Sch. Dist., 475 U.S. 534 (U.S. 1986) (limits on federal jurisdiction and statutory grants)
Fridman v. City of New York, 195 F. Supp. 2d 534 (S.D.N.Y. 2002) (court discretion in adjudicating IFP eligibility)
Strawbridge v. Curtiss, 7 U.S. 267 (U.S. 1806) (requirement of complete diversity for diversity jurisdiction)
Thomas v. Arn, 474 U.S. 140 (U.S. 1985) (consequences of failing to file timely objections to magistrate recommendations)
Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991) (waiver of appeal rights for failure to timely object)
Britt v. Simi Valley United Sch. Dist., 708 F.2d 452 (9th Cir. 1983) (failure to properly brief objections waives appellate review)