Jennifer Feldman v. Adoption Star Agency

Case: 16-17785 Date Filed: 05/24/2018 Page: 1 of 4
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-17785
Non-Argument Calendar
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D.C. Docket No. 1:16-cv-24931-KMM
JENNIFER FELDMAN,
Plaintiff-Appellant,
versus
ADOPTION STAR AGENCY,
KATHY CRISSY,
ELLEN KAPLAN,
N.F.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Florida
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(May 24, 2018)
Case: 16-17785 Date Filed: 05/24/2018 Page: 2 of 4
Before ED CARNES, Chief Judge, MARTIN, and JILL PRYOR Circuit Judges.
PER CURIAM:
Jennifer Feldman, proceeding pro se, brought a lawsuit against Adoption
Star Agency, Ellen Kaplan (the attorney for the Agency), and N.F., Feldman’s
daughter. Feldman challenged the adoption proceedings relating to her biological
granddaughter, who was placed for adoption by N.F. shortly after birth. The
district court issued a paperless order dismissing Feldman’s complaint without
prejudice for lack of subject matter jurisdiction. Feldman appealed.
We review de novo a district court’s sua sponte order dismissing a case for
lack of subject matter jurisdiction. McElmurray v. Consol. Gov’t of Augusta-
Richmond Cty., 501 F.3d 1244, 1250 (11th Cir. 2007). Diversity jurisdiction is not
alleged in Feldman’s complaint.1 So the only other basis for jurisdiction would be
if a federal question is present. See Gellert v. E. Airlines, Inc., 688 F.2d 723, 724
(11th Cir. 1982) (stating that the district court “was wholly without jurisdiction”
where the plaintiff “did not allege diversity of citizenship or federal question
jurisdiction” in his complaint).
Although we hold pro se pleadings “to a less stringent standard than
pleadings drafted by attorneys” and will construe the allegations contained therein
1
In her reply brief Feldman raises diversity jurisdiction under 28 U.S.C. § 1332 as a basis
for subject matter jurisdiction. But there are no facts alleged in her complaint or her initial brief
that support diversity jurisdiction.
2
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liberally, Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998), that
doesn’t give us license to manufacture claims for a pro se plaintiff out of thin air,
see Campbell v. Air Jam, Ltd., 760 F.3d 1165, 1168–69 (11th Cir. 2014). We can
only “liberally construe” those allegations that are in the pleadings. See id. We
can’t serve as counsel to a party just because they are pro se. Id.
In her complaint, Feldman alleged that the adoption of her granddaughter
was fraudulent because the granddaughter was in Feldman’s care and was taken
under duress and against Feldman’s will. She claimed that every child has the
right under federal law to be placed with a biological family member before being
placed with a stranger. But Feldman never alleges any federal law that provides
such a right. 2 Without an allegation that the defendants violated a federal statute or
the Constitution, or that Feldman’s claim turns on the resolution of some other
substantial question of federal law, there is no federal question jurisdiction here.
See 18 U.S.C. § 1331; see also Smith v. GTE Corp., 236 F.3d 1292, 1310 (11th
Cir. 2001) (“A well-pleaded complaint presents a federal question where it
establishes either that federal law creates the cause of action or that the plaintiff’s
right to relief necessarily depends on resolution of a substantial question of federal
2
In her brief to this Court, Feldman cites several Florida statutes in support. See, e.g.,
Fla. Stat. §§ 63.063, 787.01, 984.02. But she doesn’t cite any federal statutes in her complaint or
in her brief.
3
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law.”) (quotation marks omitted). And as a result, the district court did not have
subject matter jurisdiction and properly dismissed Feldman’s complaint.
AFFIRMED.
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