Leonard Thompson v. Mary Michels , 574 F. App'x 196 ( 2014 )

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 14-1647
___________
LEONARD THOMPSON,
Appellant
v.
MARY MICHELS
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil Action No. 2-13-cv-00962)
Magistrate Judge: Honorable Maureen P. Kelly
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
July 23, 2014
Before: JORDAN, COWEN and BARRY, Circuit Judges
(filed: July 24, 2014)
___________
OPINION
___________
PER CURIAM
Leonard Thompson appeals an order of the United States District Court for the
Western District of Pennsylvania that dismissed his action with prejudice for lack of
federal subject matter jurisdiction.1 For the reasons that follow, we will affirm.
I.
Thompson brought this lawsuit against Michels, seeking damages for a failed
business deal with Michels’ deceased spouse. Liberally read, Thompson’s pro se
complaint alleged fraud, theft, and breach of contract or, in the alternative, unjust
enrichment.
Thompson asserted federal jurisdiction under 18 U.S.C. § 1341, a federal criminal
statute pertaining to mail fraud. Michels filed a motion to dismiss, arguing, among other
things, that the District Court lacked jurisdiction. The District Court agreed and granted
Michels’ motion to dismiss. Thompson appealed.
II.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether the
District Court possessed subject matter jurisdiction. See Metro. Life Ins. Co. v. Price,
501 F.3d 271, 275 (3d Cir. 2007).
1
The parties consented to proceed before a magistrate judge, in accordance with
28 U.S.C. § 636(c)(1).
2
Here, we agree with the District Court that it lacked subject matter jurisdiction.
Thompson invoked 18 U.S.C. § 1341, but that is a criminal statute that does not give rise
to a private right of action. See Wisdom v. First Midwest Bank, 167 F.3d 402, 407-08
(8th Cir.1999) (collecting cases). In other words, the statute authorizes public actors (the
government) to criminally prosecute individuals for mail fraud, but it does not provide a
basis upon which an alleged victim of mail fraud may bring a civil lawsuit in federal
court.
Thompson did not plead any other ground upon which federal jurisdiction could
alternatively rest, and we can perceive none. The causes of action in Thompson’s
complaint arise under state law and therefore do not give rise to jurisdiction under 28
U.S.C. § 1331. Nor could there be diversity jurisdiction under 28 U.S.C. § 1332. Among
other things, that jurisdictional basis requires the parties to be citizens of different states.
See Zambelli Fireworks Mfg. Co. v. Wood, 592 F.3d 412, 420 (3d Cir. 2010). It is
uncontested that both Thompson and Michels are citizens of Pennsylvania.
III.
For the foregoing reasons, we will affirm the District Court’s dismissal for lack of
jurisdiction.
3