Categories: Fifth Circuit Court of Appeals Opinions

JOHNSON v. HONG SHEN, 295 Fed.Appx. 667 (5th Cir. 2008)

Lalaie JOHNSON, Plaintiff-Appellant v. HONG SHEN; Whispering Pine Lodge, Defendants-Appellees.

No. 08-40603 Summary Calendar.United States Court of Appeals, Fifth Circuit.
October 8, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Lalaie Johnson, Avinger, TX, pro se.

Appeal from the United States District Court for the Eastern District of Texas, No. 6:08-CV-166.

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:[*]

[*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

In her complaint, Lalaie Johnson, proceeding pro se
and in forma pauperis, alleged, in essence, that she received negligent treatment by defendants-appellees while residing in the Whispering Pine Lodge nursing home. Because she cited no basis for federal jurisdiction, she was ordered to file an amended complaint to state that basis. She filed two amended complaints as a result, the last asserting racial bias in the state courts. The district court adopted the magistrate judge’s recommendation and dismissed this action for lack of subject-matter jurisdiction.

Proceeding pro se on appeal, Johnson fails to show subject-matter jurisdiction. Essentially for the reasons stated in the magistrate judge’s 15 May 2008 Report and Recommendation, the judgment of the district court is

AFFIRMED.

jdjungle