Kathleen A. Langdon v. Ella Maureen Arnold

U.S. Court of Appeals for the Eighth Circuit
Kathleen A. Langdon v. Ella Maureen Arnold, 46 F. App'x 389 (8th Cir. 2002)

Kathleen A. Langdon v. Ella Maureen Arnold

Opinion

[UNPUBLISHED]

PER CURIAM.

Kathleen and Donald Langdon (the Langdons) appeal the district court’s 1 preservice dismissal of their tort action. After review of the record, we affirm. The district court was without power to hear the action, as the Langdons failed to establish diversity jurisdiction, see Walker v. Norwest Corp., 108 F.3d 158, 161 (8th Cir. 1997) (no defendant may be a citizen of same state as any plaintiff), or federal question jurisdiction, see Hull v. Fallon, 188 F.3d 939, 942 (8th Cir. 1999) (federal question jurisdiction requires that an action arise under federal constitution, laws, or treaties), cert. denied, 528 U.S. 1189, 120 S.Ct. 1242, 146 L.Ed.2d 101 (2000). Further, the district court had no power to direct the state courts to enforce state tort law. Cf. Randolph v. Rodgers, 170 F.3d 850, 859 (8th Cir. 1999) (Eleventh Amendment precludes federal court from ordering state, or state agencies or officials, to conform to state law).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
In Re: ESTATE OF Catherine M. ARNOLD, Deceased, Kathleen Arnold Langdon; Donald J. Langdon, Appellants, v. Ella Maureen Arnold, Executrix of the Estate; Larry Kessler; Perry Samp; Margaret Samp; Phillip Brown; Jim Arnold, Jr.; Lonnie Holder; McKeown and Associates; Bill Unknown, Appellees
Status
Unpublished