Cleveland v. Shawnee County Courthouse
This text of Cleveland v. Shawnee County Courthouse (Cleveland v. Shawnee County Courthouse) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
BITAVIA CLEVELAND, ) ) Plaintiff, ) ) v. ) Civil Action No. 23-01703 (UNA) ) ) SHAWNEE COUNTY COURTHOUSE, ) ) Defendant. )
MEMORANDUM OPINION
This matter is before the Court on its initial review of Plaintiff’s pro se Complaint and
application for leave to proceed in forma pauperis. The Court will grant the application and
dismiss the complaint 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).
“Federal courts are courts of limited jurisdiction. They possess only that power authorized
by Constitution and statute,” and it is “presumed that a cause lies outside this limited jurisdiction.”
Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). The
subject-matter jurisdiction of the federal district courts 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). Plaintiff, a District of Columbia resident, has sued a county court in Topeka, Kansas. The
cryptically worded Complaint, ECF No. 1, neither presents a federal question nor demands any
relief. To the extent that Plaintiff seeks review of the referenced “Court Case,” id. at 1, this district
court lacks jurisdiction. See Gray v. Poole, 275 F.3d 1113, 1119 (D.C. Cir. 2002) (“The Rooker-
Feldman doctrine prevents lower federal courts from hearing cases that amount to the functional
equivalent of an appeal from a state court.”) (citing Dist. of Columbia Court of Appeals v. Feldman,
460 U.S. 462 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413 (1923)); United States v. Choi, 818
F. Supp. 2d 79, 85 (D.D.C. 2011) (district courts “generally lack[] appellate jurisdiction over other
judicial bodies, and cannot exercise appellate mandamus over other courts.”) (citing Lewis v.
Green, 629 F. Supp. 546, 553 (D.D.C. 1986)). Therefore, this case will be dismissed by separate
order.
TREVOR N. McFADDEN Date: July 11, 2023 United States District Judge
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