CHIEF Judge Ramona V. Manglona of the District Court for the NMI has dismissed the civil complaint of Peirong Zhou against Karidat’s Guma’ Esperansa for lack of jurisdiction.
But the judge allowed Zhou to amend her lawsuit and granted her request to waive the fee in filing her complaint.
Zhou, who represented herself, told the federal court that she was housed at Guma’ Esperansa on May 25, 2021.
Guma’ Esperansa or House of Hope is an emergency shelter for those fleeing domestic violence, sexual assault, stalking, and dating violence. Its parent agency is Karidat, a church-based charitable organization.
On June 8, 2021, Zhou said she and her son were “violently evicted” when Karidat gathered her belongings into a trash bag and threw them out.
Judge Manglona noted that in “Zhou’s application to proceed without prepaying the fees or costs, she declares that she is unemployed and only receives public assistance to support herself and her minor, teenage son.”
Based on these facts, her application to proceed without paying fees is granted, the judge said.
As for Zhou’s complaint, Judge Manglona said the court must first determine if it has subject matter jurisdiction before it can consider the merits of the complaint.
Zhou represents that there is a federal question jurisdiction but fails to cite any particular federal law, the judge added.
“Here, Zhou’s bare bone complaint is premised on an eviction by Karidat from the Guma’ Esperansa shelter, but because landlord-tenant disputes are matters of state law, an action for eviction cannot be the basis for federal question jurisdiction,” the judge said, adding that she cannot find an alternative basis for subject matter jurisdiction.
Judge Manglona dismissed Zhou’s complaint without prejudice, which means it can be refiled.
“Although Zhou has not adequately pled jurisdiction, the Court grants Zhou leave to amend her complaint to correct the deficiency by alleging sufficient facts to establish jurisdiction,” the judge added.
The federal court also dismissed another lawsuit Zhou filed against her former husband whom she divorced in January 2023.
In that lawsuit, Zhou requested “divorce support and compensation” from her former husband.
Judge Manglona dismissed her complaint for lack of subject matter jurisdiction.
