Bernard Thompson v. Marc Altshuler, M.d.

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DLD-316 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-1896
___________
BERNARD THOMPSON,
Appellant
v.
MARC ALTSHULER, M.D.;
THOMAS JEFFERSON UNIVERSITY
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil No. 09-cv-00906)
District Judge: Honorable Paul S. Diamond
____________________________________
Submitted for Possible Summary Action Pursuant to
Third Circuit LAR 27.4 and I.O.P. 10.6
September 17, 2009
Before: BARRY, AMBRO and SMITH, Circuit Judges
(Opinion filed October 19, 2009)
_________
OPINION
_________
PER CURIAM
On March 4, 2009, Appellant, Bernard Thompson, commenced an action in the

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We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.1
We will deny Thompson’s motion for a protection from abuse order.2
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United States District Court for the Eastern District of Pennsylvania against Marc
Altshuler, M.D. and Thomas Jefferson University Hospital. In the complaint, Thompson
alleged that Dr. Altshuler, his primary care physician, negligently over-medicated him
with the drug Lipitor. By order entered on March 24, 2009, the District Court dismissed
Thompson’s complaint without prejudice for lack of subject matter jurisdiction. See Fed.
R. Civ. P. 12(h)(3). This appeal followed.1
The District Court correctly concluded that it lacked subject matter jurisdiction
over Thompson’s complaint, as Thomas did not allege a violation of the Constitution or
federal law under 28 U.S.C. § 1331, nor did he allege any facts that would provide a basis
for diversity of citizenship among the parties under 28 U.S.C. § 1332. Rather, as the
District Court noted, Thompson, a Philadelphia resident, sought to bring a medical
malpractice claim against a physician practicing in a Philadelphia hospital.
Accordingly, we will summarily affirm the District Court’s order. See Third Cir.2
LAR 27.4 and I.O.P. 10.6.

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