Jimmy Williams v. State Wide Claim Service, et al, No. 16-11314 (5th Cir. 2017)

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Case: 16-11314 Document: 00514217610 Page: 1 Date Filed: 10/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11314 Summary Calendar United States Court of Appeals Fifth Circuit FILED 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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