Moultrie v. Blankinship
2:11-cv-01097
D.S.C.Jun 6, 2011Background
- Plaintiffs Harold G. Moultrie and Dolly Moultrie filed a pro se civil action in the District of South Carolina.
- Defendants include Vanderbilt Mortgage, North Charleston Planning Board, Charleston Planning Board, and several named individuals/entities.
- The case was referred to Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation.
- Magistrate Judge Hendricks recommended dismissal of the complaint without prejudice and without service of process.
- The Court conducted a de novo review and found no subject-matter jurisdiction due to lack of diversity and absence of a federal question.
- The Court adopted the Magistrate Judge’s recommendation and dismissed the case without prejudice for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has subject-matter jurisdiction | Moultrie asserts federal jurisdiction exists. | Defendants contend no federal jurisdiction due to non-diversity and lack of federal questions. | No jurisdiction; case dismissed. |
| Whether the action should be dismissed for lack of jurisdiction | Plaintiffs maintain claims arise under federal law. | Lack of complete diversity and absence of federal question require dismissal. | Dismissal without prejudice for lack of jurisdiction. |
| Whether state-law claims require state-court adjudication | Claims include contract and legal malpractice under state law. | Regarded as state-law issues, not intruding federal jurisdiction. | Court lacks jurisdiction; state-law claims fall to state courts. |
Key Cases Cited
- Mathews v. Weber, 423 U.S. 261 (1976) (de novo review of magistrate's recommendations; standard of review)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983) (absence of explanation required when no objections to report)
- Tigrett v. Rector and Visitors of the University of Virginia, 290 F.3d 620 (4th Cir. 2002) (dismissal of state-law claims where no federal claims remain)
