Isom v. Cowan
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
TYESHA ISOM, ) ) Plaintiff, ) ) v. ) Civil Action No. 24-1736 (UNA) ) ZACHARY K. COWAN, ) ) Defendant. )
MEMORANDUM OPINION This matter is before the Court on review of Tyesha Isom’s application to proceed in
forma pauperis (ECF No. 2) and pro se complaint (ECF No. 1). The Court will grant the
application and dismiss the complaint without prejudice.
Plaintiff brings this breach of contract claim against Zachary Cowan, the individual with
whom she entered into a “Texas Common Law Agreement and Declaration of Marriage Law . . .
as a temporary matrimony.” Compl. at 4. According to plaintiff, Cowan “has disappeared and
stopped calling [her] from the corrections facility at Green Bay,” id., leading plaintiff to believe
Cowan “has breach [their] contract with forgetfulness,” id. As a result, plaintiff alleges, Cowan
“owes a vlaue [sic] of the worth the U.S. Constitution for his breach of [their] declaration
agreement that is used by the constitution to protect the U.S. Constitution,” id. at 55, and plaintiff
deemed “the cost for his violation is $123.8 Trillion,” id.
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
1 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 case does not present a federal question, and plaintiff fails to demonstrate diversity
jurisdiction. Even if the amount in controversy exceeds $75,000, all the parties reside or conduct
business in Texas. Absent a valid basis for this Court’s subject matter jurisdiction, the complaint
will be dismissed without prejudice. A separate order will issue.
2024.07.24 14:31:28 -04'00' DATE: July 24, 2024 TREVOR N. McFADDEN United States District Judge
2
Reference
- Status
- Published