IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RACQUEL LEWIS-DAVIS : CIVIL ACTION : v. : : JEFFERSON HOSPITAL - FRANKFORD : CAMPUS, STEPHEN K. KLASKO, MD, : MBA, PRESIDENT, CEO, and : STEPHEN HANNEKEN, PAC : NO. 21-3788

MEMORANDUM

Savage, J. August 31, 2021

Plaintiff Racquel Lewis-Davis, proceeding pro se, filed this medical malpractice action against the defendants, asserting that the federal court has jurisdiction based upon diversity of citizenship.1 Consistent with our “independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it,” Hertz Corp. v. Friend,

(2010), we must dismiss a case sua sponte for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”); Arbaugh v. Y&H Corp.,

(2006). Because Lewis-Davis and at least one defendant are citizens of the same state, we shall dismiss the complaint for lack of diversity jurisdiction. Under

, federal district courts have original jurisdiction of all civil actions “between . . . citizens of different States.”

§ 1332(a)(1). This means that for a federal court to exercise diversity jurisdiction, no plaintiff can be a citizen of the same state as any defendant. Lincoln Ben. Life Co. v. AEI Life, LLC,

(3d Cir.

1 See Designation Form attached to the complaint (Doc. No. 1 at ECF 6), designating action as a diversity jurisdiction case. 2015) (citation omitted). A natural person is deemed to be a citizen of the state where she is domiciled. Lincoln Ben. Life Co.,

. A corporation is a citizen of both the state of its incorporation and the state where its principal place of business is located. GBForefront,

L.P. v. Forefront Mgmt. Grp., LLC,

(3d Cir. 2018) (citation omitted). In her complaint, Lewis-Davis alleges that she is a resident of Philadelphia, Pennsylvania, and defendant Jefferson Hospital is a “hospital that is in the City of Philadelphia, state of Pennsylvania.”2 She makes no factual allegations about the citizenship of the two individual defendants. Based on the allegations in the complaint, it appears that Lewis-Davis and Jefferson Hospital are both citizens of Pennsylvania. Additionally, we do not know the citizenship of each of the individual defendants. Because no plaintiff can be a citizen of the same state as any defendant, there is no diversity. Thus, we shall dismiss the complaint for lack of subject matter jurisdiction.3

2 See Complaint (Doc. No. 1) ¶¶ 3-4. 3 Dismissal is without prejudice to the plaintiff’s right to file an action in the state court.