Allen v. Wells Fargo
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
DERRICK ALLEN, SR., ) ) Plaintiff, ) ) v. ) Civil Action No. 25-00276 (UNA) ) ) WELLS FARGO et al., ) ) Defendants. )
MEMORANDUM OPINION
Plaintiff, appearing pro se, has filed a complaint and an application to proceed in forma
pauperis (IFP). For the following reasons, the Court grants the IFP application and dismisses the
complaint.
The subject-matter jurisdiction of the federal district courts is limited and is set forth
generally at
28 U.S.C. §§ 1331and 1332. Under those statutes, federal jurisdiction is available
only when a “federal question” is presented,
id.§ 1331, or the parties are of diverse citizenship
and the amount in controversy “exceeds the sum or value of $75,000, exclusive of interest and
costs,” id. § 1332(a). 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). Failure to plead such facts
warrants dismissal of the action. See Fed. R. Civ. P. 12(h)(3).
Plaintiff sues a branch of Wells Fargo Bank in Durham, North Carolina, and three North
Carolina-based individuals, including former Governor Roy Cooper and Dr. Judith A. Fortney.
Compl., ECF No. 1 at 2-3. Plaintiff alleges that on January 3, 2025, “Wells Fargo refuse[d] to
re-open a checking account which establish connections with both Judith Fortney (checks
deposit), and my 2019 Dodge Challenger which was tooken [sic] in Washington, D.C. and illegally towed by ACE towing in Alexandria, VA[.]” Id. at 4 (parenthesis in original). Plaintiff
seeks, among other relief, “to be compensated . . . in the amount of 24 trillion and/or whatever
the Court deem[s] appropriate[.]” Id.
Although Plaintiff invokes
42 U.S.C. § 1983and purports to sue the individuals in their
official and personal capacities,
id. at 2-3, the facts alleged do not plausibly plead a claim under
“the Constitution [or] laws . . .of the United States,”
28 U.S.C. § 1331, or support any other basis
of federal court jurisdiction. Consequently, this case will be dismissed by separate order.
_________/s/____________ TANYA S. CHUTKAN Date: April 7, 2025 United States District Judge
2
Reference
- Status
- Published