Sneed v. Commonwealth of Kentucky, No. 3:2022mc00004 - Document 5 (W.D. Ky. 2022)
Court Description: MEMORANDUM OPINION by Judge David J. Hale on 10/12/2022: For the reason stated, the Court will dismiss this miscellaneous action by separate Order. Should Sneed wish to challenge his state-court conviction by filing a petition for writ of habeas corpus, the Court DIRECTS the Clerk of Court to send Sneed a § 2254 form. cc: Plaintiff w/2254 form (pro se) (DLW)
Download PDF
<![CDATA[
Sneed v. Commonwealth of Kentucky Case 3:22-mc-00004-DJH Document 5 Filed 10/13/22 Page 1 of 2 PageID #: 25 Doc. 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION ROBERT EDWARD SNEED, Plaintiff, v. Miscellaneous Action No. 3:22-mc-4-DJH COMMONWEALTH OF KENTUCKY, Defendant. * * * * * MEMORANDUM OPINION Robert Edward Sneed, a Kentucky state prisoner proceeding pro se, filed a motion (DN 1) in this Court which was opened as a miscellaneous action. The initiating document is styled as a “60.02 motion” in case number “92-cr-00197,” which is Sneed’s Kentucky state criminal case number. Under Rule 12(h)(3) of the Federal Rules of Civil Procedure, “If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” “‘Federal courts are courts of limited jurisdiction,’” Home Depot U.S.A., Inc. v. Jackson, ––– U.S. ––––, 139 S. Ct. 1743, 1746 (2019) (quoting Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994)), with subject-matter jurisdiction “over two general types of cases: cases that ‘arise[e] under’ federal law, [28 U.S.C.] § 1331, and cases in which the amount in controversy exceeds $75,000 and there is diversity of citizenship among the parties, [28 U.S.C.] § 1332(a).” Id. “It is to be presumed that a cause lies outside this limited jurisdiction, . . . and the burden of establishing the contrary rests upon the party asserting jurisdiction[.]” Kokkonen, 511 U.S. at 377. Dockets.Justia.com Case 3:22-mc-00004-DJH Document 5 Filed 10/13/22 Page 2 of 2 PageID #: 26 Sneed offers no reason this Court has jurisdiction to hear his Kentucky Rule of Civil Procedure 60.02 motion. The Court, therefore, will dismiss this miscellaneous action by separate Order. Should Sneed wish to challenge his state-court conviction by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, the Court DIRECTS the Clerk of Court to send Sneed a § 2254 form. Date: October 12, 2022 cc: Plaintiff, pro se 4415.010 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
