Filed: Jul. 30, 2001
Latest Update: Feb. 22, 2020
Summary: Ahmed v. Rosenblatt, 118 F.3d 886, 889 (1st Cir.diversity jurisdiction.allowed the plaintiff an opportunity to amend the complaint, to add a federal claim as well as any pendent state claims.district court then reluctantly dismissed the action.jurisdiction. Ahmed, 118 F.2d at 889.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1266
PETER S. WEDEEN,
Plaintiff, Appellant,
v.
GREEN RIVER POWER SPORTS,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Frank H. Freedman, Senior U.S. District Judge]
Before
Boudin, Chief Judge,
Selya and Lynch, Circuit Judges.
Peter S. Wedeen on brief pro se.
Louis S. Robin and Fitzgerald, O’Brien, Robin & Shapiro on
brief for appellee.
June 26, 2001
Per Curiam. The district court granted a motion
to dismiss this complaint alleging diversity jurisdiction
after plaintiff failed to carry his burden of showing that
"it is not a legal certainty that [his] claim involves less
than the jurisdictional amount." Dep't of Recreation &
Sports v. World Boxing Ass'n,
942 F.2d 84, 88 (1st Cir.
1991); see also Spielman v. Genzyme Corp., --- F.3d ---,
2001 WL 538958 at *3 (1st Cir. 2001). Plaintiff argues on
appeal that the district court is biased toward him because
he is a pro se litigant.
We have acknowledged that:
Our judicial system zealously guards the
attempts of pro se litigants on their
own behalf. We are required to construe
liberally a pro se complaint and may
affirm its dismissal only if a plaintiff
cannot prove any set of facts entitling
him or her to relief.
Ahmed v. Rosenblatt,
118 F.3d 886, 889 (1st Cir. 1997).
Honoring this policy, the district court initially denied
the motion to dismiss despite the plaintiff's failure to
substantiate the amount in controversy required for
diversity jurisdiction. The court recognized, sua sponte,
that the plaintiff might be able to prove facts entitling
him to relief under the Fair Credit Reporting Act, and
allowed the plaintiff an opportunity to amend the complaint
to add a federal claim as well as any pendent state claims.
The plaintiff chose to reject the court's suggestion,
instead filing an amendment which asserted more state claims
(none of which supported the jurisdictional minimum). The
district court then reluctantly dismissed the action.
In this court, the plaintiff continues to insist
that his amended pleading is sufficient. It is not.
We respect the right of every litigant in our
adversarial system, including pro se litigants, to be the
master of their own cause. Still, we ordinarily cannot
relieve a party from his own intransigence or "insulate" him
from the rudimentary requirements of substantiating
jurisdiction.
Ahmed, 118 F.2d at 889. Reviewing the issue
de novo, we find that the plaintiff's amendment is
insufficient to substantiate the jurisdictional minimum.
Faced with the plaintiff’s insistence on an apparently self-
defeating course of action, the district court correctly
dismissed this case for lack of subject matter jurisdiction.
Affirmed.
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