Virginia Smith filed suit against Affordable Southern Homes, Inc. and Dennis Miller on February 20, 2026, but her complaint contains a series of contradictions that left the court unable to parse the basic elements of her case. Smith initially names Miller as a 'registered agent' for the company, then lists him as a plaintiff in the jurisdictional section, before making unspecified allegations against an unnamed 'defendant' or 'he' in her statement of claims.
Writing in a sua sponte order under 28 U.S.C. § 1915(e)(2)(B), Judge Parker found the pleading fundamentally deficient on multiple fronts. 'Thus, it is unclear who the intended defendants are and what claims Plaintiff is asserting against each,' Parker wrote, highlighting the complaint's internal inconsistencies about Miller's role in the litigation.
The court was particularly critical of Smith's failure to establish federal jurisdiction, noting that she had checked diversity jurisdiction as her basis for federal court access but provided contradictory citizenship information. 'Failure to adequately allege the basis for diversity jurisdiction mandates dismissal,' Parker wrote, quoting Fifth Circuit precedent.
Smith's jurisdictional pleading created additional confusion about the defendants' citizenship status. She provided Miller with a Tennessee address but then described him as a 'corporation' with Mississippi as both its principal place of business and state of incorporation. For Affordable Southern Homes, Smith alleged only a Mississippi address without any specific citizenship information required for diversity analysis.
The court rejected Smith's attempt to invoke federal question jurisdiction as equally deficient. While Smith listed federal statutes in her complaint, Parker found she 'does not provide how those statutes have been violated or are otherwise at issue here.' The judge emphasized that federal courts 'are courts of limited jurisdiction, possessing only that power authorized by Constitution and statute.'
Parker's order reflects the heightened scrutiny courts apply to pro se pleadings under § 1915(e)(2)(B), which requires courts to screen complaints filed by plaintiffs proceeding in forma pauperis. The statute allows courts to dismiss cases that fail to state a claim or are otherwise deficient, though Parker opted for the less severe remedy of requiring an amended pleading.
Smith now has until April 23, 2026, to file an amended complaint that clearly identifies the defendants, states her claims, provides factual support, and establishes federal jurisdiction. The court warned that failure to comply 'may result in the dismissal of this action without prejudice and without further notice,' giving Smith a final opportunity to salvage her case against the Mississippi home builder.