Robert Lauter v. FDA ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1203
ROBERT LAUTER,
Plaintiff - Appellant,
v.
THE U.S. FOOD AND DRUG ADMINISTRATION; THE COMMONWEALTH
OF VIRGINIA; GLAXOSMITHKLINE,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Arenda L. Wright Allen, District Judge. (2:19-cv-00157-AWA-RJK)
Submitted: August 21, 2020 Decided: September 18, 2020
Before GREGORY, Chief Judge, RICHARDSON, Circuit Judge, and TRAXLER, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Robert Lauter, Appellant Pro Se. Richard J. Cromwell, MCGUIREWOODS, LLP,
Norfolk, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Lauter appeals the district court’s order dismissing his civil complaint with
prejudice under 28 U.S.C. § 1915(e)(2)(B). Federal courts are obligated to evaluate their
own subject-matter jurisdiction whether raised by the parties or not. Jurisdiction was
unavailable under 28 U.S.C. § 1332 because Lauter named as a defendant the
Commonwealth of Virginia, whose presence in the action “destroy[ed] complete
diversity.” Mississippi ex rel. Hood v. AU Optronics Corp., 571 U.S. 161, 174 (2014).
While on the face of Lauter’s Amended Complaint, Lauter raises a claim “arising under
the Constitution, laws, or treaties of the United States,” 28 U.S.C. § 1331, because said
claim “is wholly insubstantial and frivolous,” we find his federal claim inadequate to confer
jurisdiction. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89 (1998) (quoting Bell
v. Hood, 327 U.S. 678, 683–84 (1946)). Accordingly, although we agree that dismissal
was appropriate, we modify the district court’s judgment to reflect a dismissal without
prejudice for lack of subject matter jurisdiction. We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before this court
and argument would not aid the decisional process.
AFFIRMED AS MODIFIED
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