GREENE v. ACCESS SERVICES INC (2018)

ORDER AND JUDGMENT *

Plaintiff-Appellant Cedric Greene, appearing pro se, appeals from the district court's dismissal of his action for lack of subject matter jurisdiction. Mr. Greene, on behalf of his wife-to-be, Valerie Stephen, sued Access Services Inc. for $50,000, alleging that an Access driver in California knocked Ms. Stephen to the ground. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

The district court dismissed Mr. Greene's claims because it found that he failed to establish diversity or subject matter jurisdiction. Greene v. Access Serv. Inc., No. 16-cv-1272-CW-EJF, 2017 WL 3912985, at *2 (D. Utah Sept. 7, 2017). We agree. There is no diversity jurisdiction because the complaint sought under $75,000; moreover, the complaint lacks allegations concerning the citizenship of Mr. Greene, Ms. Stephen, or Access. See 28 U.S.C § 1332(a)(1). Additionally, Mr. Greene failed to establish that his case arises under the Constitution, laws, or treaties of the United States for purposes of federal question jurisdiction. See id. § 1331. As noted by the district court, Mr. Greene's claims of intentional infliction of emotional distress and negligence are state, not federal, claims. Greene, 2017 WL 3912985, at *2. Finally, we conclude that this appeal is frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). See DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991) (requiring a reasoned and nonfrivolous argument to proceed on appeal IFP). The district court found it unnecessary to address whether Mr. Greene could represent Ms. Stephen; we agree with the magistrate judge that he may not. See 28 U.S.C. § 1654 (“[P]arties may plead and conduct their own cases personally or by counsel․”).

AFFIRMED. We DENY IFP status.

Paul J. Kelly, Jr., Circuit Judge