Jimmy Williams v. State Wide Claim Service , 699 F. App'x 429 ( 2017 )

Case: 16-11314 Document: 00514217610 Page: 1 Date Filed: 10/31/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-11314 FILED
Summary Calendar October 31, 2017
Lyle W. Cayce
Clerk
JIMMY L. WILLIAMS,
Plaintiff-Appellant
v.
STATE WIDE CLAIM SERVICE; FORT WORTH TRANSPORTATION
AUTHORITY; MICHELLE DENISE PRICE: PHILLIP HERNANDEZ, Fort
Worth Transportation Authority,
Defendants-Appellees
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CV-734
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Jimmy L. Williams, Texas prisoner # 01904141 appeals the dismissal of
his civil negligence action for lack of subject matter jurisdiction. Williams
alleged that, prior to his incarceration, he suffered injuries while he was a
passenger on a bus that was involved in a traffic accident.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-11314 Document: 00514217610 Page: 2 Date Filed: 10/31/2017
No. 16-11314
The burden is on Williams to show federal jurisdiction. See Stafford v.
Mobil Oil Corp., 945 F.2d 803, 804 (5th Cir. 1991). He alleges diversity
jurisdiction, but there is no diversity between Williams and any of the
defendants, because all of the parties are citizens of Texas. See 28 U.S.C.
§ 1332; Owen Equip. and Erect. Co. v. Kroger, 437 U.S. 365, 373 (1978) (noting
that § 1332 requires complete diversity of citizenship). Neither Williams nor
the record shows any other basis for federal subject matter jurisdiction.
Accordingly the appeal is DISMISSED AS FRIVOLOUS. 5TH CIR.
R. 42.2. Williams’s motion for appointment of counsel is DENIED.
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