Bush v. Burrichter

• Court: District Court, District of Columbia
• Decided: May 5, 2011
• Docket: Civil Action No. 2011-0838
• Status: Published

Opinion

FILED UNITED STATES DISTRICT COURT MAY - 5 2011 FOR THE DISTRICT OF COLUMBIA C/'rk, u.s. District & Bankruptc Courts for the District of CoIumbYa

) Barbara M. Bush, ) ) Plaintiff, ) ) v. ) Civil Action No. 11 183~ ) Cheryl Burrichter et al., ) ) Defendants. ) )

MEMORANDUM OPINION

This matter is before the Court on review of the plaintiff s pro se complaint and

application to proceed in forma pauperis. The application will be granted and the complaint will

be dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the

court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting).

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 those statutes, federal jurisdiction is available

only when a "federal question" is presented or the parties are of diverse citizenship and the

amount in controversy exceeds $75,000. 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).

The plaintiff, a resident of Hyattsville, Maryland, sues six apparent employees of the U.S.

Department of Housing and Urban Development in Washington, D.C., for allegedly refusing to

process her housing discrimination complaint. See Federal Housing Complaint/Discrimination!

Treatment Under 42 U.S.C. § 3601 and 42 U.S.C. § 3602 (Copy of Rough Draft Attached). She

~) '. seeks $1,500 "for emotional distress .... " Id. at 5. The complaint neither presents a federal

question nor provides a basis for diversity jurisdiction because the amount in controversy is well

below the statutory minimum. It therefore will be dismissed. 1

DATE: April ~, 2011

1 A separate Order accompanies this Memorandum Opinion.