Soto v. Kalatzes
Soto v. Kalatzes
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
ELESHA SOTO, MEMORANDUM DECISION AND Plaintiff, ORDER OF DISMISSAL v. WITHOUT PREJUDICE
TARA KALATZES and GUS Case No. 2:21-CV-223-TS-JCB KALATZES, District Judge Ted Stewart Defendants.
Plaintiff brings this complaint pro se against Defendants for events related to the lease of a property in Price, Utah. For the following reasons, the Court will dismiss the complaint sua sponte for lack of subject matter jurisdiction.1 This Court can only hear cases with federal question jurisdiction—where the action arises under federal laws2—or diversity jurisdiction—where the controversy is between citizens of different states and the amount in controversy exceeds $75,000.3 Here, the complaint only alleges state-law claims, Plaintiff and Defendants are all citizens of Utah, and the amount in controversy is $25,000. Thus, there is no federal question or diversity jurisdiction. Based on those defects, Plaintiff’s complaint is DISMISSED without prejudice for lack of subject matter jurisdiction.
1 City of Albuquerque v. Soto Enters., Inc.,
864 F.3d 1089, 1093(10th Cir. 2017) (“[T]he district courts have an independent obligation to address their own subject-matter jurisdiction and can dismiss actions sua sponte for lack of subject-matter jurisdiction.”). 2
28 U.S.C. § 1331. 3
Id.§ 1332. DATED June 8, 2021. BY THE COURT:
TED STEWART United States District Judge
Reference
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