3:26-cv-00119•JUNKINS v. DISCOVERY TIME PLAYSCHOOL LLC et al
Gesamter Gesetzestext
Page 1 of 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SETH MACVICAR JUNKINS, Plaintiff, v. Case No. 3:26cv119-MCR-HTC DISCOVERY TIME PLAYSCHOOL, LLC, et al. Defendants. __________________________/ REPORT AND RECOMMENDATION Plaintiff Seth Junkins, proceeding pro se, has filed a complaint against Discovery Time Playschool, LLC, and Hannah Billingsley, alleging they violated his rights under 42 U.S.C. § 1983 and the Fourteenth Amendment by preventing him from seeing his daughter at daycare. Doc. 1. After reviewing the complaint, the undersigned concludes this case should be DISMISSED for lack of jurisdiction, as the complaint does not contain a non-frivolous federal claim and Junkins has not shown the parties are diverse.1 1 Junkins also failed to comply with the Court’s Local Rules by not paying the $405 filing fee or filing a motion to proceed in forma pauperis. See N.D. Fla. Loc. R. 5.3 (“A party who files or removes a civil case must simultaneously either pay any fee required under 28 U.S.C. § 1914 or move for leave to proceed in forma pauperis under 28 U.S.C. § 1915.”). This failure provides an independent basis for dismissal. Case 3:26-cv-00119-MCR-HTC Document 3 Filed 01/14/26 Page 1 of 4
Page 2 of 4 Case No. 3:26cv119-MCR-HTC Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). When a federal court concludes it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety. Id.; see also 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”). Federal courts must have one of three types of subject-matter jurisdiction: (1) jurisdiction under a specific statutory grant; (2) federal question jurisdiction under 28 U.S.C. § 1331; or (3) diversity jurisdiction under 28 U.S.C. § 1332(a). Baltin v. Alaron Trading Corp., 128 F.3d 1466, 1469 (11th Cir. 1997). “It is to be presumed that a cause lies outside [of federal courts’] limited jurisdiction, … and the burden of establishing the contrary rests upon the party asserting jurisdiction[.]” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). Here, Junkins’ complaint indicates he is attempting to invoke the Court’s federal question jurisdiction. However, he has not alleged a non-frivolous federal claim. While he suggests the Defendants violated § 1983 and the Fourteenth Amendment, those provisions of law can only be used to sue state actors. See Harvey v. Harvey, 949 F.2d 1127, 1130 (11th Cir. 1992) (To state a claim under 42 U.S.C. § 1983, a plaintiff must allege “the conduct complained of (1) was committed by a person acting under color of state law and (2) deprived the complainant of rights, Case 3:26-cv-00119-MCR-HTC Document 3 Filed 01/14/26 Page 2 of 4
Page 3 of 4 Case No. 3:26cv119-MCR-HTC privileges, or immunities secured by the Constitution or laws of the United States.”) (citation omitted); Buxton v. City of Plant City, Fla., 871 F.2d 1037, 1041 (11th Cir. 1989) (“[T]he fourteenth amendment, section 1, restrains the states, from depriving any person of life, liberty, or property without due process of law.”). The Defendants are a private daycare and a private citizen; nothing in the complaint indicates they could be liable for a constitutional violation as a state actor.2 Because Junkins’ federal claims are frivolous, they do not provide a basis for subject-matter jurisdiction. See Blue Cross & Blue Shield of Ala. v. Sanders, 138 F.3d 1347, 1352 (11th Cir. 1998) (a federal court may dismiss a federal question claim for lack of subject-matter jurisdiction if such a claim is wholly insubstantial and frivolous) (citation omitted). Furthermore, Junkins has failed to establish the Court has diversity jurisdiction. Under 28 U.S.C. § 1332, federal district courts have jurisdiction over actions between citizens of different states when the amount in controversy exceeds $75,000. However, the complaint indicates both Junkins and Billingsley reside in Florida, and nothing suggests there is complete diversity between the parties. See McCormick v. Aderholt, 293 F.3d 1254, 1257 (11th Cir. 2002) (the plaintiff bears the 2 Junkins indicates he was trespassed from the daycare. Even if the Defendants contacted law enforcement to have Junkins removed from the daycare’s premises, that would not be sufficient to make the Defendants state actors. See Kelly v. Broward Sheriff’s Office Dep’t of Det.’s, 560 F. App’x 818, 821 (11th Cir. 2014) (“Merely making a report of perceived misconduct and furnishing information to the police” does not transform a private party into a state actor.). Case 3:26-cv-00119-MCR-HTC Document 3 Filed 01/14/26 Page 3 of 4
Page 4 of 4 Case No. 3:26cv119-MCR-HTC burden of proving there is proper diversity jurisdiction); McDonald v. Equitable Life Ins. Co. of Iowa, 13 F. Supp. 2d 1279, 1280 (M.D. Ala. 1998) (“[F]or diversity jurisdiction to exist, there must be ‘complete diversity,’ that is, each defendant must be a citizen of a state different from that of each plaintiff.”) (citations omitted). Because Junkins has not established this case involves a non-frivolous question of federal law, or that the Court has diversity jurisdiction, the case should be dismissed. Accordingly, it is RECOMMENDED: 1. That this case be DISMISSED without prejudice due to lack of jurisdiction. 2. That the clerk close the file. At Pensacola, Florida, this 14 th day of January, 2026. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1. Case 3:26-cv-00119-MCR-HTC Document 3 Filed 01/14/26 Page 4 of 4
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