Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-06-17

Docket: 2:25-cv-00396-MHT-KFP

The eleventh-circuit affirmed the district court’s dismissal of Rosie Lee Murphy’s civil rights suit for lack of subject matter jurisdiction but vacated and remanded the case with instructions to clarify that the dismissal is without prejudice. The court held that the district court correctly determined it lacked diversity jurisdiction under 28 U.S.C. § 1332 because Murphy failed to establish citizenship requirements, and lacked federal question jurisdiction under 28 U.S.C. § 1331 because her claims were wholly insubstantial and frivolous. Applying the standard that a claim is frivolous if it lacks an arguable basis in law or fact, the court found Murphy’s allegations—ranging from psychological damage to “casting spells”—were fantastical, had no relationship to constitutional provisions, and failed to allege that private defendants were state actors subject to suit under 42 U.S.C. § 1983. While affirming the dismissal on these jurisdictional grounds, the court ruled that dismissals for lack of jurisdiction are not judgments on the merits and must be entered without prejudice pursuant to Federal Rule of Civil Procedure 41(b). Consequently, the case is remanded solely to allow the district court to amend its order to reflect a dismissal without prejudice, while Murphy’s pending motions are denied.

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