Viola Adkins v. Vinaya Koduri

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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VIOLA ADKINS,
Plaintiff - Appellant,
v.
VINAYA KODURI,
Defendant - Appellee.
No. 21-3134
(D.C. No. 2:21-CV-02206-JAR-TJJ)
(D. Kan.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BRISCOE, and PHILLIPS, Circuit Judges.
_________________________________
Since 2016, Viola Adkins has been trying to litigate her medical-malpractice claim
against Vinaya Koduri in the District of Kansas. But judges in that district have told her
that their court lacks subject-matter jurisdiction over her case. See, e.g., Adkins v. Koduri,
No. 16-CV-4134-DDC-KGS, 2016 WL 5745550, at *2–3 (D. Kan. Oct. 3, 2016). We
have twice told her the same thing by affirming the district court orders dismissing her
case. See Adkins v. Koduri, 688 F. App’x 589 (10th Cir. 2017); Adkins v. Koduri, 755 F.
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
FILED
United States Court of Appeals
Tenth Circuit
November 4, 2021
Christopher M. Wolpert
Clerk of Court
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App’x 751 (10th Cir. 2018). Even the Supreme Court weighed in by denying her request
to appeal one of our decisions. Adkins v. Koduri, 138 S. Ct. 360 (2017), reh’g denied, 138
S. Ct. 540 (2017).
Now, again proceeding pro se, 1 Adkins has filed a third case in our court appealing
the district court’s dismissal for lack of subject-matter jurisdiction. She also seeks leave
to proceed in forma pauperis. She argues that the district court erred by not exercising
mandamus jurisdiction over her case under 28 U.S.C. § 1361. She also asks us to
adjudicate the merits of her medical-malpractice claim.2
For a federal court to reach the merits of a dispute, it must first have subject-matter
jurisdiction. See In re Aramark Leisure Serv’s, 523 F.3d 1169, 1173 (10th Cir. 2008).
Here, Adkins’s only asserted basis for subject-matter jurisdiction appears to be
mandamus. But there is no mandamus jurisdiction over her case because 28 U.S.C.
§ 1361 applies only if a plaintiff seeks to compel an officer or employee of the United
States or its agents to act. The defendant here is none of these, so the district court
properly held that it lacked subject-matter jurisdiction over her case and dismissed it. And
because of this lack of subject-matter jurisdiction, our court cannot reach the merits of
her case either. Thus, exercising jurisdiction under 28 U.S.C. § 1291 and reviewing de
1 Because Adkins is pro se we will liberally construe her filings but cannot
advocate on her behalf. See James v. Wadas, 724 F.3d 1312, 1315 (10th Cir. 2013).
2 As the district court also observed, Adkins’s penmanship makes
understanding her arguments difficult, though we have tried to interpret her
arguments on appeal as best as we can.
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novo, we AFFIRM the district court. We also DENY Adkins’s motion for leave to
proceed in forma pauperis. 3
Entered for the Court
Gregory A. Phillips
Circuit Judge
3 For an in forma pauperis motion to be granted an appellant must show that
she is unable to pay the required filing fee, and she must have a reasoned and
nonfrivolous argument to support her appeal. DeBardeleben v. Quinlan, 937 F.2d
502, 505 (10th Cir. 1991). We conclude that Adkins has not made such a showing
and deny her motion to proceed in forma pauperis.
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