Shanasha Whitson v. Minnesota Department of Health ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 20-3031
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Shanasha Whitson
lllllllllllllllllllllPlaintiff - Appellant
v.
The Minnesota Department of Health, Infectious Disease Epidemiology
Prevention and Control Division HIV/STD, TB Unit; Christine Jones; Jessica
Barry; Peggy Darrett-Brewer; Amy Yolanda Castillo
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: March 11, 2021
Filed: March 16, 2021
[Unpublished]
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Before KELLY, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Shanasha Whitson appeals after the district court1 dismissed her case for lack
of subject matter jurisdiction. Upon de novo review, we conclude that Whitson’s
complaint failed to establish either diversity or federal question jurisdiction.
See Jones v. United States, 727 F.3d 844, 846 (8th Cir. 2013) (standard of review);
Junk v. Terminix Int’l Co., 628 F.3d 439, 445 (8th Cir. 2010) (federal court has
diversity jurisdiction only where no defendant is citizen of same state as any
plaintiff); Biscanin v. Merrill Lynch & Co., Inc., 407 F.3d 905, 906 (8th Cir. 2005)
(federal question jurisdiction exists when plaintiff’s right to relief depends upon
resolution of substantial question of federal law). Accordingly, we affirm. See 8th
Cir. R. 47B.
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1
The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota.
-2-