Brenda W. Davis v. Ryan Oaks Apt., 357 F. App'x 237 (11th Cir. 2009). · Go Syfert
Brenda W. Davis v. Ryan Oaks Apt., 357 F. App'x 237 (11th Cir. 2009). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 5 distinct courts.
Strongest positive: Pugh v. Autauga (almd, 2025-08-12)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Pugh v. Autauga
M.D. Ala. · 2025 · confidence medium
“Federal subject-matter jurisdiction is proper only when (1) a plaintiff’s claim involves a federal question, or (2) there is diversity among the parties.” Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238 (11th Cir. 2009) (citing 28 U.S.C. §§ 1331 , 1332).
discussed Cited as authority (rule) Murphy v. Alabama Mental Health Authority (MAG+)
M.D. Ala. · 2025 · confidence medium
“Federal subject-matter jurisdiction is proper only when (1) a plaintiff’s claim involves a federal question, or (2) there is diversity among the parties.” Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238 (11th Cir. 2009) (citing 28 U.S.C. §§ 1331 , 1332).
discussed Cited as authority (rule) Jackson v. RKW Residential
S.D. Fla. · 2024 · confidence medium
Fla. Apr. 14, 2022) (Altman, J.) (“Unsurprisingly, the Eleventh Circuit routinely affirms dismissals of state-law, landlord-tenant claims that plaintiffs have disguised as § 1983 claims.” (first citing Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238 (11th Cir. 2009); and then citing Douse v. Metro Storage, LLC, 770 F. App’x 550 , 551 (11th Cir. 2019))).
discussed Cited as authority (rule) Jackson v. Department of Human Resources (MAG+)
M.D. Ala. · 2020 · confidence medium
Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238-39 (11th Cir. 2009); Pratt v. Sumner, 807 F.2d 817, 819 (9th Cir. 1987) (recognizing the general proposition that a complaint should be dismissed as frivolous under § 1915 where subject matter jurisdiction is lacking).
discussed Cited "see" Ensor v. Fitness International, LLC
M.D. Fla. · 2024 · signal: see · confidence high
P. 12(h)(3); see Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238-39 (11th Cir. 2009) (per curiam).2 The Court must liberally construe the complaint when conducting the foregoing inquiry, Tannenbaum v. U.S., 148 F.3d 1262 , 1263 (11th Cir. 1998) (per curiam), but the Court is under no duty to “re-write” the complaint to establish subject matter jurisdiction, avoid frivolousness, or state a claim upon which relief may be granted.
discussed Cited "see" RuzsaA v. Commissioner of Social Security
M.D. Fla. · 2024 · signal: see · confidence high
P. 12(h)(3); see Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238-39 (11th Cir. 2009) (per curiam).2 The Court must liberally construe the complaint when conducting the foregoing inquiry, Tannenbaum v. U.S., 148 F.3d 1262 , 1263 (11th Cir. 1998) (per curiam), but the Court is under no duty to “re-write” the complaint to establish subject matter jurisdiction, avoid frivolousness, or state a claim upon which relief may be granted.
discussed Cited "see" Armbrester v. Certain Underwriters at Lloyd's London (MAG+)
M.D. Ala. · 2023 · signal: see · confidence high
See Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238-39 (11th Cir. 2009) (affirming dismissal under the § 1915(e) “frivolous” prong where subject matter jurisdiction was found to be lacking); Hawley v. Bd. of Regents of the Univ.
cited Cited "see" Cochran v. Godfrey
S.D. Ga. · 2022 · signal: see · confidence high
See Davis v. Ryan Oaks Apt., 357 F. App’x 237, 238-39 (11th Cir. 2009).
cited Cited "see" Lomax v. Capital Rental Agency
S.D. Fla. · 2020 · signal: see · confidence high
See Davis v. Ryan Oaks Apt., 357 F. App’x 237, 238-39 (11th Cir. 2009) (per curiam). 2 Plaintiff attempted to remove that action in 2009, but on May 20, 2009, the Court remanded the action.
discussed Cited "see" Welch v. Pen Air Bank Corporation
S.D. Ala. · 2019 · signal: accord · confidence high
We affirm the District Court’s resolution of these jurisdictional claims on the basis of its unpublished opinion.”); accord Davis v. Ryan Oaks Apartment, 357 F. App'x 237, 238 (11th Cir. 2009) (per curiam) (finding that plaintiff’s amended complaint against a private defendant did not allege federal question jurisdiction despite mentioning “28 U.S.C. § 2671 et seq., [because] that provision concerns the Federal Tort Claims Act, 28 U.S.C. § 1346 , which only provides an avenue for bringing tort claims against the United States, one of its agencies, or certain federal employees”).
discussed Cited "see, e.g." Dumond v. Carrington
S.D. Fla. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Davis v. Ryan Oaks Apartment, 357 F. App’x 237, 238 (11th Cir. 2009) (affirming the dismissal of a pro se tenant’s action against her landlord, in which she alleged personal injury and property damage because she “does not allege any ‘federal question’ that would give the district court jurisdiction to decide her complaint”); Douse v. Metro Storage, LLC, 770 F. App’x 550 , 551 (11th Cir. 2019) (“Further, Douse’s claims predominantly involve Georgia contract, negligence, and landlord/tenant law, as demonstrated by his numerous references to those areas of law in his…
Retrieving the full opinion text from the archive…
Brenda W. DAVIS, Plaintiff-Appellant,
v.
RYAN OAKS APARTMENT, D.B.A. WRH Realty, Defendant-Appellee
09-10959.
Court of Appeals for the Eleventh Circuit.
Dec 17, 2009.
357 F. App'x 237
Brenda W. Davis, Jacksonville, FL, pro se.
Tjoflat, Carnes, Wilson.
Cited by 12 opinions  |  Unpublished
PER CURIAM:

Brenda Davis, proceeding pro se, appeals the district court’s sua sponte dismissal of her amended complaint against her landlord, Ryan Oaks Apartment, for lack of subject-matter jurisdiction. Her amended complaint asserted federal jurisdiction under 28 U.S.C. §§ 1391 and 2671 et seq., and she now argues that jurisdiction exists under 42 U.S.C. § 1983. Davis also contends that the court erred in vacating its initial order granting her motion to proceed informa pauperis.

“The propriety of the district court’s dismissal of the complaint for lack of subject matter jurisdiction is a question of law which we review de novo.” Hall v. U.S. Dep’t Veterans’ Affairs, 85 F.3d 532, 533 (11th Cir.1996). The lack of federal jurisdiction may be raised by a federal court on its own initiative at any stage in the litigation. Arbaugh v. Y & H Corp., 546 U.S.[*238] 500, 506, 126 S.Ct. 1235, 1240, 163 L.Ed.2d 1097 (2006). Federal subject-matter jurisdiction is proper only when (1) a plaintiffs claim involves a federal question, or (2) there is diversity among the parties. See 28 U.S.C. §§ 1331, 1332. If the court determines that it lacks subject-matter jurisdiction, it must dismiss the complaint in its entirety. Arbaugh, 546 U.S. at 514, 126 S.Ct. at 1244.

Davis does not allege any “federal question” that would give the district court jurisdiction to decide her complaint. A federal question exists when the plaintiff pleads a “colorable claim ‘arising under’ the Constitution or laws of the United States.” Id. at 513, 126 S.Ct. at 1244. Davis’s amended complaint mentions 28 U.S.C. § 1391, but that provision establishes the rules for proper venue in federal actions; it does not confer jurisdiction. Her amended complaint also mentions 28 U.S.C. § 2671 et seq., but that provision concerns the Federal Tort Claims Act, 28 U.S.C. § 1346, which only provides an avenue for bringing tort claims against the United States, one of its agencies, or certain federal employees. See Means v. United States, 176 F.3d 1376, 1379 (11th Cir.1999).

Davis’s amended complaint alleges, among other things, personal injury and property damage, which are actionable under state tort law. The complaint does not allege that Ryan Oaks has any connection to the U.S. government or any federal agency. Thus, her complaint was not proper under the Federal Tort Claims Act, and it failed to raise questions of federal law. See 28 U.S.C. § 1331.

Davis argues that subject-matter jurisdiction exists under 42 U.S.C. § 1983, but that argument was not made in her amended complaint. “A case does not arise under federal law unless a federal question is presented on the face of the plaintiffs complaint.” Kemp v. Int’l Business Machines Corp., 109 F.3d 708, 712 (11th Cir.1997); see also Hall, 85 F.3d at 533 (when case is dismissed on basis of complaint, court must look to face of that pleading to determine subject-matter jurisdiction). Moreover, a new theory raised for the first time on appeal will not be considered by this Court. Access Now, Inc., v. Southwest Airlines Co., 385 F.3d 1324, 1331 (11th Cir.2004). In the interest of completeness, however, we note that a claim under § 1983 requires the defendant to be a “state actor” or to be acting “under color of state law.” Harvey v. Haney, 949 F.2d 1127, 1130 (11th Cir.1992). That is not the case here. Davis argues that Ryan Oaks Apartment receives funds from the Department of Housing and Urban Development, but the Supreme Court has held that the mere receipt of federal funds by a private entity is not sufficient to invoke federal jurisdiction under § 1983. United States v. Orleans, 425 U.S. 807, 813-16, 96 S.Ct. 1971, 1975-77, 48 L.Ed.2d 390 (1976).

Davis’s complaint also does not invoke “diversity” jurisdiction, because both Davis and the defendant are “citizens” of Florida. See 28 U.S.C. § 1332(a)(1). Thus, the district court did not err in dismissing Davis’s amended complaint sua sponte for lack of subject matter jurisdiction.

We also find no error in the district court’s decision to vacate its initial order granting Davis’s motion for leave to proceed in forma pauperis. We review such a denial only for abuse of discretion. Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1306 (11th Cir.2004). The district court did not abuse its discretion because it was authorized, indeed compelled, to dismiss the case once it realized that subject-matter jurisdiction did not exist. See Arbaugh, 546 U.S. at 514, 126 S.Ct. at 1244 (“[W]hen a federal court concludes that it lacks subject-matter jurisdiction, the court[*239] must dismiss the complaint in its entirety.”); see also 28 U.S.C. § 1915(e)(2) (requiring dismissal “at any time” a district court determines an in forma pauperis case to be frivolous); Sun v. Forrester, 939 F.2d 924 (11th Cir.1991) (defining a frivolous appeal as one that is “without arguable merit” either factually or legally).

AFFIRMED.