Markeema Smalls v. Betsy Jo Wahl
── Markeema Smalls v. Betsy Jo Wahl ──
Court: Court of Appeals for the Third Circuit
Date: April 20, 2026
Category: General
ALD-112 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 25-3404
___________
MARKEEMA YVETTE SMALLS, Sui Juris, Executrix & Trustee
of the Markeema Yvette Lee Smalls 508(c)(1)(A)
Ecclesiastical Convention Trust, Special Appearance
Only, with consenting to jurisdiction
Appellant
v.
JUDGE BETSY JO WAHL, in Official and Private Capacity;
NEFERTITI C. JORDAN, ESQ., in Official and Private Capacity;
MIKAL COLEMAN, in Private Capacity
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil Action No. 2:25-cv-04852)
District Judge: Honorable Gerald J. Pappert
____________________________________
Submitted for Possible Summary Action
Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
April 9, 2026
Before: SHWARTZ, FREEMAN, and CHUNG, Circuit Judges
(Opinion filed: April 20, 2026)
_________
OPINION *
_________
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
PER CURIAM
Markeema Smalls appeals pro se from an order dismissing her amended complaint
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). We will summarily affirm.
Smalls initiated this matter in the United States District Court for the Eastern
District of Pennsylvania to raise claims stemming from her lack of success in state court
child custody proceedings. She named as defendants Mikal Coleman, the father of her
minor child with whom she shares custody, Coleman’s attorney, and the Honorable Betsy
Jo Wahl, who presided over the state court action in the Court of Common Pleas of
Philadelphia County. The District Court screened the amended complaint and dismissed
Smalls’ federal causes of action with prejudice for failure to state a claim. The court then
reviewed the remaining state-law claims, concluded that diversity jurisdiction was
lacking given Smalls’ failure to allege an amount in controversy exceeding $75,000 and
the implausibility that the conduct she alleged would entitle her to recover such an
amount in any event, and declined to exercise supplemental jurisdiction. Although the
court dismissed Smalls’ state-law claims without further leave to amend, it did so without
prejudice to her right to pursue them in an appropriate state court. Smalls appeals. 1
1
Smalls also has filed numerous motions seeking expedited review; an injunction
pending appeal; an emergency protective custody order; leave to file supplemental
addenda, notices, and evidence; and modification or supplementation of the record to
include materials that were docketed in the District Court but that apparently were not
electronically transferred to this Court.
2
We have jurisdiction pursuant to 28 U.S.C. § 1291, and we exercise plenary
review over the District Court’s dismissal of Smalls’ amended complaint under
Section 1915(e)(2)(B)(ii), accepting as true her factual allegations and construing her
pleadings in the light most favorable to her. See Allah v. Seiverling, 229 F.3d 220, 223
(3d Cir. 2000); Warren Gen. Hosp. v. Amge
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address as its source and its own type. #}