Spencer v. Catholic Charities

District Court, District of Columbia

Spencer v. Catholic Charities

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

PRINCESS MARIA SPENCER, ) ) Plaintiff, ) v. ) Civil Action No. 23-0032 (UNA) ) CATHOLIC CHARITIES, ) ) Defendant. )

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff’s application to proceed in forma

pauperis and her pro se complaint. The Court will grant the application and, for the reasons

stated below, will dismiss the complaint without prejudice.

According to plaintiff, she was attacked by an unidentified female while staying at a

shelter operated by Catholic Charities in the District of Columbia. See Compl. at 1. She further

alleges that she has been threatened and subjected to verbal abuse by other shelter residents, yet

shelter staff refuse to remove those residents or otherwise to ensure plaintiff’s safety. See id.

The scars on plaintiff’s face as a result of an assault prevent her from “be[ing] in the Guinness

Book of World Records for beauty.” Id. Plaintiff demands no particular form of relief.

The subject matter jurisdiction of the federal district courts is limited and is set forth

generally at

28 U.S.C. §§ 1331

and 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.

1 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 the District of Columbia. 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 31, 2023 /s/ CHRISTOPHER R. COOPER United States District Judge

2

Reference

Status
Published