Wayne v. Unknown
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
JESUS A. WAYNE, JR.,
Plaintiff,
v. Civil Action No. 1:25-cv-02441 (UNA)
UNKNOWN, et al.,
Defendants.
MEMORANDUM OPINION
Currently before the Court is Plaintiff’s pro se Complaint, ECF No. 1 (“Compl.”), and
Application for Leave to Proceed in forma pauperis (“IFP”), ECF No. 2. The Court grants
Plaintiff’s IFP Application, and for the reasons explained below, dismisses this case without
prejudice.
Plaintiff, who resides in the District of Columbia, sues two unnamed male “Co Asian”
Defendants––one is located somewhere in Virginia, and other somewhere in Maryland. See
Compl. at 1–2. The Court notes that Plaintiff’s failure to provide full names and addresses for the
Defendants contravenes D.C. Local Civil Rule 5.1(c)(1). The allegations fare no better. Plaintiff
alleges only that Defendants trespassed at his property on July 28, 2025, and that one Defendant
drove a gray Jeep Patriot, and that the other Defendant drove a black Dodge Ram, and he provides
license plate numbers for those vehicles. See id. at 4. He does not demand relief, stating “no
relief…no lawsuit.” See id.
Pro se litigants must comply with the Rules of Civil Procedure. See Jarrell v. Tisch,
656 F. Supp. 237, 239–40 (D.D.C. 1987). Federal Rule 8(a) requires a complaint to contain “(1) a
short and plain statement of the grounds for the court’s jurisdiction [and] (2) a short and plain
1 statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a); see
Ashcroft v. Iqbal,
556 U.S. 662, 678–79 (2009); Ciralsky v. CIA,
355 F.3d 661, 668–71 (D.C. Cir.
2004). The Rule 8 standard ensures that defendants receive fair notice of the claim being asserted
so that they can prepare a responsive answer and an adequate defense and determine whether the
doctrine of res judicata applies. Brown v. Califano,
75 F.R.D. 497, 498(D.D.C. 1977). Here, as
presented, neither the Court nor Defendants can reasonably be expected to identify Plaintiff’s
claims or entitlement to relief, if any, nor has Plaintiff established this Court’s subject matter
jurisdiction, see Fed. R. Civ. P. 12(h)(3).
To that end, 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 has failed to establish subject matter jurisdiction. First, he has failed to state a
federal question. See
28 U.S.C. § 1331. Plaintiff does not invoke any authority that provides a
federal cause of action, nor can the court independently discern any basis for federal question
jurisdiction from the facts given in the Complaint. See Johnson v. Robinson,
576 F.3d 522, 522(D.C. Cir. 2009) (per curiam) (“[F]ederal court jurisdiction must affirmatively appear clearly and
distinctly.” (quoting Bilal v. Kaplan,
904 F.2d 14, 15(8th Cir. 1990) (per curiam))).
Second, Plaintiff has failed to establish diversity jurisdiction. See
28 U.S.C. § 1332.
Although it appears that the parties might be of diverse citizenship, it is unclear. It is a “well-
2 established rule” that, for an action to proceed in diversity, the citizenship requirement must be
“assessed at the time the action is filed.” Freeport-McMoRan, Inc. v. K N Energy, Inc.,
498 U.S. 426, 428(1991). Indeed, “the citizenship of every party to the action must be distinctly alleged
[in the complaint] and cannot be established presumptively or by mere inference.” Meng v.
Schwartz,
305 F. Supp. 2d 49, 55(D.D.C. 2004) (citation omitted). Plaintiff ostensibly alleges
that Defendants reside in New Jersey and Virginia, respectively, see Compl. at 2, but he fails to
provide their state citizenships, see id. at 3 (left blank). And “an allegation of residence alone is
insufficient to establish the citizenship necessary for diversity jurisdiction.” Novak v. Capital
Mgmt. & Dev. Corp.,
452 F.3d 902, 906(D.C. Cir. 2006) (emphasis deleted) (quoting Naartex
Consulting Corp. v. Watt,
722 F.2d 779, 792 n.20 (D.C. Cir. 1983)). Moreover, Plaintiff has not
sought any damages, let alone alleged that the amount in controversy somehow exceeds $75,000.
Consequently, this case is dismissed without prejudice. A separate Order will issue
contemporaneously.
DATE: November 13, 2025 CARL J. NICHOLS United States District Judge
3
Reference
- Status
- Published