Jimi Rose v. Bashkim Husenaj, 708 F. App'x 57 (3rd Cir. 2017). · Go Syfert
Jimi Rose v. Bashkim Husenaj, 708 F. App'x 57 (3rd Cir. 2017). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 1 distinct court.
Strongest positive: WHITE v. FITZGERALD MERCY HOSPITAL (paed, 2024-06-25)
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) WHITE v. FITZGERALD MERCY HOSPITAL
E.D. Pa. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
rose's conclusory reference to 'civil rights' does not convert his tort claims against non-state actors into constitutional claims.
discussed Cited as authority (verbatim quote) WHITE v. FITZGERALD MERCY HOSPITAL
E.D. Pa. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
rose's conclusory reference to 'civil rights' does not convert his tort claims against non-state actors into constitutional claims.
discussed Cited as authority (rule) Yolanda E. Newson v. Samihah McNair Marquise Maynor
E.D. Pa. · 2025 · confidence medium
The factual scenario described in the Complaint as the basis for Newson’s claims, i.e., a private transaction with a private party who is not subject to liability under § 1983, does not raise a substantial federal question for jurisdictional purposes, see, e.g., Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that civil rights claims were insufficiently substantial to invoke federal question jurisdiction because “Rose’s conclusory reference to ‘civil rights’ does not convert his tort claims against non-state actors into constitutional claims”); Yoder…
discussed Cited as authority (rule) SAUNDERS v. RT & RT MANORS LLC, LANDLORD
E.D. Pa. · 2025 · confidence medium
Cal. May 3, 2023) (private realtors were not state actors), does not raise a substantial federal question for jurisdictional purposes, see, e.g., Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that civil rights claims were insufficiently substantial to invoke federal question jurisdiction because “Rose’s conclusory reference to ‘civil rights’ does not convert his tort claims against non-state actors into constitutional claims”); Yoder v. Morrow, 671 F. App’x 27, 29 (3d Cir. 2016) (per curiam) (affirming dismissal for lack of subject matter jursidctio…
discussed Cited "see" Mark Sawyer v. Extra Storage Space Folcroft, Storage Company, et al.
E.D. Pa. · 2025 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that “vague reference to ‘civil rights violations’” did not invoke federal question jurisdiction because “Rose’s conclusory reference to ‘civil rights’ does not convert his tort claims against non-state actors into constitutional claims”); Yoder v. Morrow, 671 F. App’x 27, 29 (3d Cir. 2016) (affirming dismissal for lack of subject matter jurisdiction because “[a]lthough Yoder’s complaint purported to rely on 42 U.S.C. § 1983 , her allegations do not actually implicate that federal statut…
discussed Cited "see" CORTEZ v. CRUZ
E.D. Pa. · 2025 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that civil rights claims were insufficiently substantial to invoke federal question jurisdiction because “Rose’s conclusory reference to ‘civil rights’ does not convert his tort claims against non-state actors into constitutional claims”); Zambelli Fireworks Mfg.
discussed Cited "see" GRANT v. LLAMAS
E.D. Pa. · 2025 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that pro se complaint raising “civil rights violations” failed to present a federal question when “[d]espite [plaintiff’s] bare citations, none of his claims arise ‘under the Constitution, laws, or treaties of the United States,’ 28 U.S.C. § 1331 , nor does [plaintiff] seek a remedy granted by the Constitution or federal law”).
discussed Cited "see" WALKER v. JACKSON
E.D. Pa. · 2024 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that pro se complaint purporting to raise “civil rights violations” failed to present a federal question when “[d]espite [plaintiff’s] bare citations, none of his claims arise ‘under the Constitution, laws, or treaties of the United States,’ 28 U.S.C. § 1331 , nor does [plaintiff] seek a remedy granted by the Constitution or federal law.”).
discussed Cited "see" SCHWAGER v. BEILEY
E.D. Pa. · 2024 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (“Rose’s conclusory reference to ‘civil rights’ does not convert his tort claims against non-state actors into constitutional claims.”) (footnote omitted).
cited Cited "see" FREEMAN v. CAPSTONE LOGISTICS LLC
E.D. Pa. · 2024 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 59 (3d Cir. 2017) (per curiam) (“As explained by the District Court, Rose failed to plead the citizenship of Scoobies, LLC or the owners of Scoobies, LLC.
discussed Cited "see" KENNEDY v. ESURANCE
E.D. Pa. · 2022 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that pro se complaint purporting to raise “civil rights violations” failed to present a federal question when “[d]espite [plaintiff’s] bare citations, none of his claims arise ‘under the Constitution, laws, or treaties of the United States,’ 28 U.S.C. § 1331 , nor does [plaintiff] seek a remedy granted by the Constitution or federal law”).
discussed Cited "see" PINNOCK v. KEYS
E.D. Pa. · 2021 · signal: see · confidence high
See Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (concluding that plaintiff failed to properly invoke federal question jurisdiction because none of his claims arose “under the Constitution, laws, or treaties of the United States,” nor did he seek a remedy granted by the Constitution or federal law) (citing 28 U.S.C. § 1331 ).2 2 The Court notes that even if the cause of action is based on state law, there is a “special and small category of cases in which arising under jurisdiction still lies.” Goldman v. Citigroup Glob.
discussed Cited "see" Colleen Gardner Pro Se Attorney-N-Fact v. Marrone
E.D. Pa. · 2018 · signal: see · confidence high
See Rose v. Husenaj , 708 Fed.Appx. 57 , 60 (3d Cir. 2017) (concluding that plaintiff failed to invoke the District Court's federal question jurisdiction when there was no substantial basis for his federal claims (quoting Shapiro v. McManus , --- U.S. ----, 136 S.Ct. 450 , 455, 193 L.Ed.2d 279 (2015) ) ).
discussed Cited "see" Gardner ex rel. Booth v. Inglis House Corp.
E.D. Pa. · 2018 · signal: see · confidence high
See Rose v. Husenaj , 708 Fed.Appx. 57 , 60 (3d Cir. 2017) (concluding that plaintiff failed to invoke the District Court's federal question jurisdiction when there was no substantial basis for his federal claims (quoting Shapiro v. McManus , --- U.S. ----, 136 S.Ct. 450 , 455, 193 L.Ed.2d 279 (2015) ) ).
discussed Cited "see, e.g." Aquilla Thrower v. Vista Auto Group, ef al.
E.D. Pa. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that civil rights claims were insufficiently substantial to invoke federal question jurisdiction because “Rose’s conclusory reference to ‘civil rights’ does not convert his tort claims against non-state actors into constitutional claims”); Yoder v. Morrow, 671 F. App’x 27, 29 (3d Cir. 2016) (per curiam) (affirming dismissal for lack of jursidction because “[a]lthough Yoder’s complaint purported to rely on 42 U.S.C. § 1983 , her allegations do not actually implicate that federal statute”…
discussed Cited "see, e.g." Carrington Kevon Joseph v. Marika Merritt, et al.
E.D. Pa. · 2025 · signal: see, e.g. · confidence medium
Shapiro v. McManus, 577 U.S. 39, 45 (2015) (“We have long distinguished between failing to raise a substantial federal question for jurisdictional purposes . . . and failing to state a claim for relief on the merits; only ‘wholly insubstantial and frivolous’ claims implicate the former.”); see, e.g., Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that civil rights claims were insufficiently substantial to invoke federal question jurisdiction because “Rose’s conclusory reference to ‘civil rights’ does not convert his tort claims against non-state …
discussed Cited "see, e.g." NIMLEY v. JAMES
E.D. Pa. · 2023 · signal: see also · confidence medium
Beazer E., Inc. v. Mead Corp., 525 F.3d 255, 261-62 (3d Cir. 2008) (jurisdiction does not attach “where the alleged claim under the Constitution or federal statutes clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or where such a claim is wholly insubstantial and frivolous.” (internal citations omitted)); see also Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (references to civil rights and cites to civil rights statutes did not create federal question jurisdiction over what was essentially a tort case). remain.
discussed Cited "see, e.g." AGOSTINELLI v. MCDONALD'S CORPORATION
E.D. Pa. · 2022 · signal: see, e.g. · confidence medium
See Bell v. Hood, 327 U.S. 678, 682-83 (1946); see, e.g., Rose v. Husenaj, 708 F. App’x 57, 60 (3d Cir. 2017) (per curiam) (concluding that pro se complaint purporting to raise “civil rights violations” failed to present a federal question when “[d]espite [plaintiff’s] bare citations, none of his claims arise ‘under the Constitution, laws, or treaties of the United States,’ 28 U.S.C. § 1331 , nor does [plaintiff] seek a remedy granted by the Constitution or federal law.”).
Retrieving the full opinion text from the archive…
Jimi ROSE, Appellant
v.
Bashkim (Bobby) HUSENAJ; Scoobies, LLC; Owners of Scoobies; Unknown Locksmith From the State of New Jersey; First Financial Insurance Company; ISG Companies; Sheryl C. Patterson; Independent Contractors for Scoobies
17-1621.
Court of Appeals for the Third Circuit.
Aug 31, 2017.
708 F. App'x 57
Jimi Rose, Pro Se
Chagares, Vanaskie, Krause.
Cited by 19 opinions  |  Unpublished
Pinpoint authority: bottom 35%

OPINION *

PER CURIAM

Jimi Rose appeals pro se from the District Court’s order dismissing his com[*59] plaint for lack of jurisdiction. For the reasons that follow, we will affirm.

In 2012, Rose leased property in Allentown, Pennsylvania to Bashkim Husenaj. According to his complaint, Rose’s personal property was lost, stolen, and destroyed by Husenaj and his agents over the course of the lease. The leased property was finally destroyed by a fire. Rose has been unable to recover any lost property or obtain insurance benefits for his loss.

In 2014, Rose filed a complaint in the Eastern District of Pennsylvania against Husenaj, Husenaj’s agents, brother, and cousin, the Owners of Scoobies, LLC, Unknown Locksmith, First Financial Insurance Company, ISG Companies, and Sheryl C. Patterson. See Rose v. Husenaj, E.D. Pa. Civ. No. 14-1488. The District Court dismissed the complaint for lack of jurisdiction, but provided leave to amend. Rose filed an amended complaint; however, the District Court again dismissed the complaint for lack of jurisdiction. Rose did not appeal.

In 2016, Rose filed the present complaint naijning many of the same defendants as in his previous suit. The District Court granted Rose in forma pauperis status and screened his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). The District Court dismissed Rose’s complaint as malicious, or in the alternative, for lack of jurisdiction. Rose appeals.

We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the District Court’s dismissal for lack of subject matter jurisdiction. See Metropolitan Life Ins. Co. v. Price, 501 F.3d 271, 275 (3d Cir. 2007).

As a general matter, a district court has diversity jurisdiction over state-law claims if the amount in controversy exceeds $75,000 and there is complete diversity amongst the parties. See 28 U.S.C. § 1332(a). Complete diversity means that “no plaintiff can be a citizen of the same state as any of the defendants.” Johnson v. SmithKline Beecham Corp., 724 F.3d 337, 346 (3d Cir. 2013) (quoting Grand Union Supermarkets of the V.I., Inc. v. H.E. Lockhart Mgmt., Inc., 316 F.3d 408, 410 (3d Cir. 2003)). When pleading diversity jurisdiction for natural persons, a plaintiff must allege that each person is a citizen of a different state from him. Lincoln Ben. Life Co. v. AEI Life, LLC, 800 F.3d 99, 106 (3d Cir. 2015). “Citizenship is synonymous with domicile, and the domicile of an individual is his true, fixed and permanent home and place of habitation.” McCann v. Newman Irrevocable Tr., 458 F.3d 281, 286 (3d Cir. 2006) (internal quotation marks omitted).

“The party asserting diversity jurisdiction bears the burden of proof.” Id. As explained by the District Court, Rose failed to plead the citizenship of Scoobies, LLC or the owners of Scoobies, LLC. Rose also failed to assert that Scoobies, LLC and the owners of Scoobies, LLC are not citizens of Pennsylvania. See Lincoln Ben. Life Co., 800 F.3d at 107-08 (a plaintiff may survive a facial challenge to lack of diversity jurisdiction by asserting that the members of an LLC are not citizens of plaintiffs state of citizenship). Additionally, Rose’s assertion that he “believes” the “contractors, servant[s], slaves, [and] lackeys” of Husenaj “reside at or with Bobby Husenaj or he knows of their whereabouts” is insufficient to plead that these agents are not citizens of Pennsylvania. Likewise, while Rose alleged that ISG-One [1] has its principle place of business in Connecticut, Rose failed to allege that ISG-One is not incorporated in Pennsylvania. See id. at 104 (“A corporation is a[*60] citizen both of the state where it is incorporated and of the state where it has its principal place of business.”)* Accordingly, the District Court correctly determined that it lacked diversity jurisdiction.

Rose likewise failed to invoke the District Court’s federal question jurisdiction as his federal claims are “wholly insubstantial and frivolous.” Shapiro v. McManus, — U.S. -, 136 S.Ct. 450, 455, 193 L.Ed.2d 279 (2015) (quotation marks omitted). Rose’s vague reference to “civil rights violations” and his citation to “Tile 42, Subsections 1981, 1983, 1985, & 1986” did not create a federal question. Despite Rose’s bare citations, none of his claims arise “under the Constitution, laws, or treaties of the United States,” 28 U.S.C. § 1331, nor does Rose seek a remedy granted by the Constitution or federal law. Instead, Rose asserted state law claims of negligence, conversion, and trespass to chattels, and he claimed the defendants committed criminal acts. Rose’s conclusory reference to “civil rights” does not convert his tort claims against non-state actors into constitutional claims. [2] See Beazer E., Inc. v. Mead Corp., 525 F.3d 255, 261 (3d Cir. 2008) (Jurisdiction does not attach “where the alleged claim under the Constitution or federal statutes clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction[,]”) (citing Bell v. Hood, 327 U.S. 678, 682, 66 S.Ct. 773, 90 L.Ed. 939 (1946)). Finally, to the extent Rose sought to impose criminal liability on the defendants, he lacked standing to do so. See Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973) (“[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.”). Accordingly, Rose’s complaint did not present a federal question under § 1331.

Rose has filed numerous complaints and has been unable to invoke the District Court’s jurisdiction. Accordingly, the District Court did not abuse its discretion in dismissing Rose’s complaint with prejudice because amendment would have been futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

Based on the foregoing, because no “substantial question” is presented as to the dismissal of the complaint, we will summarily affirm the District Court’s judgment. See 3d Cir. LAR 27.4; 3d Cir. I.O.P. 10.6.

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

1

. We will assume that ISG-One is the same entity as defendant ISG Companies.

2

. The District Court appears to have concluded that Rose failed to state a federal claim on the merits. As we conclude that the District Court lacked jurisdiction, we do not reach the merits of Rose's claims.