Shari v. Russell

United States District Court for the Northern District of California

Shari v. Russell

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HOMA SHARI, Case No. 24-cv-08595-SI

8 Plaintiff, ORDER TO SHOW CAUSE WHY 9 v. CASE SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION 10 SUSAN RUSSELL,

11 Defendant.

12 On November 29, 2024, self-represented plaintiff Homa Shari filed this lawsuit against 13 defendant Susan Russell. Shari and Russell are neighbors, and Shari claims that Russell has been 14 harassing her in various ways. Russell has not yet been served with the complaint and summons. 15 The Court has granted Shari several extensions of the deadline to serve Russell, but Shari states that 16 she has been unable to do so because Russell has been “hacking” her phone. Dkt. No. 13. 17 The Court has the independent obligation to ensure that it has jurisdiction over this lawsuit. 18 See Henderson ex rel. Henderson v. Shinseki,

562 U.S. 428, 434

(2011). The Court has reviewed the complaint and concludes that it does not demonstrate a basis for federal jurisdiction. Shari 19 claims that Russell is sexually harassing her, that Russell has hacked her phone, and that Russell 20 uses “special skills” that were used in the Vietnam War to harm and brainwash people. See generally 21 Compl. (Dkt. No. 1). The complaint alleges one cause of action for “severe sexual harassment,” but 22 does not allege any violations of any federal laws, as is necessary for federal question jurisdiction. 23 See

28 U.S.C. § 1331

. In addition, there is no diversity jurisdiction because Shari and Russell are 24 both citizens of California. See

28 U.S.C. § 1332

. 25 Accordingly, Shari is directed to show cause in writing no later than April 25, 2025, 26 why this lawsuit should not be dismissed for lack of jurisdiction. If Shari believes that she can 27 bring a claim under a federal statute, Shari should identify what federal law applies and explain how 1 Russell has violated that federal law, and the Court will evaluate Shari’s response to determine 2 || whether Shari should be permitted to file an amended complaint. If Shari fails to file a response to 3 || this order, the Court will dismiss this case. 4 5 IT IS SO ORDERED. 6 7 || Dated: April 17, 2025 LSTON 8 United States District Judge 9 10 11 a 12

15 16

= 17

Z 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown