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Simms v. State Farm Employees & Agency

United States Court of Appeals, Tenth Circuit

March 4, 2014

FRANKLIN S. SIMMS, Plaintiff - Appellant,
v.
STATE FARM EMPLOYEES AND AGENCY; ELMS APARTMENTS EMPLOYEES DURING SPRING 2012, Defendants-Appellees.

D.C. No. 6:13-CV-01391-JTM-KMH, D. Kan.

Before KELLY, ANDERSON, and BACHARACH, Circuit Judges. [**]

ORDER AND JUDGMENT [*]

PAUL J. KELLY, JR. CIRCUIT JUDGE

Plaintiff - Appellant Franklin S. Simms appeals from the district court's dismissal of his pro se civil rights complaint which sought compensatory and punitive damages and injunctive relief in connection with theft of his property by Defendant Elms Apartments and denial of a claim by Defendant State Farm Insurance. After granting in forma pauperis status, the district court dismissed the case as frivolous. R. 16.

Regarding his appeal, Mr. Simms claims that the district court had subject matter jurisdiction because State Farm transferred his claim to Missouri and because he was deprived of his property and a jury trial in violation of the Constitution. The fact that his claim was transferred to Missouri is insufficient to create a federal question, nor is the deprivation of property by private actors. See Shelley v. Kraemer, 334 U.S. 1, 13 (1948). Any right to a jury trial would be in aid of a federal claim, the stated basis of the suit. Accordingly, the proper resolution of this case is to dismiss Mr. Simms's complaint without prejudice for lack of subject matter jurisdiction.

We REVERSE the district court's judgment and REMAND with instructions to dismiss Mr. Simms's complaint without prejudice for lack of subject matter jurisdiction.


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