Jordan v. All Star Auto
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
JAMES JORDAN, ) ) Plaintiff, ) ) v. ) Civil Action No. 23-0127 (UNA) ) ALL STAR AUTO SALES, et al., ) ) Defendants. )
MEMORANDUM OPINION
This matter is before the Court on consideration of plaintiff’s application to proceed in
forma pauperis and pro se complaint. The application will be granted, and the complaint will be
dismissed without prejudice.
The subject matter jurisdiction of the federal district courts is limited and is set forth
generally at
28 U.S.C. §§ 1331and 1332. Under these statutes, federal jurisdiction is available
when a “federal question” is presented or when the parties are of diverse citizenship and the
amount in controversy exceeds $75,000. “For jurisdiction to exist under
28 U.S.C. § 1332, there
must be complete diversity between the parties, which is to say that the plaintiff may not be a
citizen of the same state as any defendant.” Bush v. Butler,
521 F. Supp. 2d 63, 71(D.D.C.
2007) (citing Owen Equip. & Erection Co. v. Kroger,
437 U.S. 365, 373-74(1978)). A party
seeking relief in the district court must at least plead facts that bring the suit within the Court’s
jurisdiction. See Fed. R. Civ. P. 8(a).
This complaint neither presents a federal question nor establishes diversity jurisdiction, as
all the parties appear to reside or conduct business in Laurel, Maryland, and the amount in
1 controversy does not meet the $75,000 threshold. Therefore, because subject matter jurisdiction
is wanting, the Court must dismiss this case. See Fed. R. Civ. P. 12(h)(3).
An Order is issued separately.
DATE: January 25, 2023 /s/ CHRISTOPHER R. COOPER United States District Judge
2
Reference
- Status
- Published