1:25-cv-00355•SCHNEIDER v. SCHNEIDER
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ASHLEY SCHNEIDER, Plaintiff, vs. Case No.: 1:25cv355/AW/ZCB WALTER SCHNEIDER, Defendant. / REPORT AND RECOMMENDATION Plaintiff, proceeding pro se and in forma pauperis, commenced this action by filing a complaint. (Doc. 1). On November 26, 2025, the Court ordered Plaintiff to show cause, within fourteen days, why this case should not be dismissed for lack of subject matter jurisdiction. (Doc. 5). Plaintiff has not responded to the show cause order. Dismissal is warranted for the reasons explained below. “Federal courts . . . are courts of limited jurisdiction.” Wu v. Liu, 131 F.4th 1295, 1298 (11th Cir. 2025) (cleaned up). If a federal court “determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3). Federal subject matter jurisdiction is based upon either federal question, diversity of citizenship, or jurisdiction under a specific statutory grant. See 28 U.S.C. Case 1:25-cv-00355-AW-ZCB Document 8 Filed 12/19/25 Page 1 of 5
2 §§ 1331, 1332; Wilson v. Hearos, LLC, 128 F.4th 1254, 1260 (11th Cir. 2025). Federal question jurisdiction exists when an action arises under federal law. 28 U.S.C. § 1331. Actions arise under federal law “when a federal question is presented on the face of the plaintiff’s properly pleaded complaint.” Schleider v. GVDB Operations, LLC, 121 F.4th 149, 155-56 (11th Cir. 2024). This “well-pleaded complaint rule means that a federal question is ‘presented’ when the complaint—on its face—invokes federal law as the basis for relief.” Id. at 156. Claims based on state law generally do not confer federal question jurisdiction. See Dunlap v. G&L Holding Grp., Inc., 381 F.3d 1285, 1290 (11th Cir. 2004). A second way to invoke federal subject matter jurisdiction is through diversity jurisdiction. Diversity jurisdiction exists when the parties are citizens of different states and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). “[T]he plaintiff’s amount-in- controversy allegation is accepted if made in good faith.” Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 87 (2014). “Diversity jurisdiction requires complete diversity; every plaintiff must be diverse from every defendant.” Hensley v. Hartford Cas. Ins. Co., 113 F.4th 1327, 1332 (11th Cir. 2024). Case 1:25-cv-00355-AW-ZCB Document 8 Filed 12/19/25 Page 2 of 5
3 The burden to establish federal subject matter jurisdiction rests on the party asserting it. Lowery v. Alabama Power Co., 483 F.3d 1184, 1207 (11th Cir. 2007). Before dismissing a case for lack of subject matter jurisdiction, the court should provide the plaintiff with notice and an opportunity to respond. Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1248 (11th Cir. 2015). Having reviewed the complaint, it provides no basis for federal subject matter jurisdiction. Plaintiff states that the Court has federal question jurisdiction under 28 U.S.C. § 1331. (Doc. 1 at 4). But where the complaint form asks Plaintiff to list federal laws at issue in this case, Plaintiff alleges that Defendant bribed deputies of the Alachua County Sheriff’s Department with firearms from an illegal gun shop. (Id.). Plaintiff further alleges that deputies “helped 3 counts of false imprisonment on [Plaintiff] for trying to do leave & expose [Defendant].” (Id.). But a false imprisonment claim against a private citizen is an action under state law—not federal law. See Johnson v. Barnes & Noble Booksellers, Inc., 437 F.3d 1112, 1116 (11th Cir. 2006) (“In Florida, the tort of false imprisonment is defined as the unlawful restraint of a person against his will, the gist of which action is the unlawful detention of the plaintiff and the deprivation of his liberty.”) (cleaned up). And nowhere Case 1:25-cv-00355-AW-ZCB Document 8 Filed 12/19/25 Page 3 of 5
4 in Plaintiff’s complaint does she cite any specific provision of federal law to invoke the Court’s federal question jurisdiction under § 1331. Accordingly, Plaintiff has not met her burden of establishing federal question jurisdiction. Although Plaintiff does not invoke diversity jurisdiction under § 1332, it is apparent that the complaint provides no basis for it. Plaintiff states that both she and Defendant are residents of Hawthorne, Florida. (Doc. 1 at 2). Therefore, there is no complete diversity between the parties as required for diversity jurisdiction Before recommending dismissal for lack of subject matter jurisdiction, the Court provided Plaintiff with notice and an opportunity to respond by way of the show cause order. (Doc. 5). Plaintiff, however, has failed to respond. Accordingly, it is respectfully RECOMMENDED that: 1. This case be DISMISSED without prejudice for lack of subject matter jurisdiction. 2. The Clerk of Court be directed to close this case. At Pensacola, Florida, this 19th day of December 2025. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Case 1:25-cv-00355-AW-ZCB Document 8 Filed 12/19/25 Page 4 of 5
5 Notice To The Parties Objections to these proposed findings and recommendations must be filed within fourteen 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 the objections on 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 unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 1:25-cv-00355-AW-ZCB Document 8 Filed 12/19/25 Page 5 of 5
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