Fleming v. Tweedy

• Court: District Court, District of Columbia
• Decided: June 8, 2011
• Docket: Civil Action No. 2011-1055
• Status: Published

Opinion

UNITED sTATEs I)ISTRICT coURT FoR THE MSTRICT oF CoLUMBIA F I L E D

JUN ~8 2011

. ,U.S. D` tr` t& Bankruptcy LLOYD J` FLEMH\IG’ ' C(,¢:)ll°\\r’|t‘s for the|$l)is?crict of Columbia

Plaintiff, : , _ ,_ ;- 1- v_ : Civil Action No. 1{)' L) L) OFFICE WALTER W. TWEEDY, et al.,

Defendants.

MEMORANDUM OPINION This matter is before the Court upon consideration of plaintiffs application to proceed in forma pauperis and his pro se complaint. The application will be granted, and the complaint will be dismissed.

Plaintiff alleges that his neighbors are "assaulting[,] intimidating[, and] e[]mitting . . . electric radiation wave with sound, day and night, from apartments 315 and ll5, to provoke violants [sic] on [his] part, for the two years [he has] lived in the building, being tormented." Compl. at 3. Among other relief, he demands "a full investigation, the arrest, prosecution, and conviction" of the defendants "with compensation for [his] suffering and pain, hardship, and the defamation of [his] character." Id.

Federal district courts have jurisdiction in civil actions arising under the Constitution, laws or treaties of the United States. See 28 U.S.C. § 1331. In addition, federal district courts have jurisdiction over civil actions where the matter in controversy exceeds $75,000, and the suit is between citizens of different states. See 28 U.S.C. § l332(a). Notwithstanding plaintiffs bald assertion of "[t]he infringement . . . of [his] constitutional rights to the justice system," Compl. at

2, it does not appear that the complaint states a federal claim. And because all the parties appear

to reside or conduct business in the District of Columbia, see id. at 1 (caption), plaintiff does not establish diversity of citizenship. Accordingly, the Court will dismiss this action for lack of subject matter jurisdiction

An Order accompanies this Memorandurn 0pinion.

e/el, 5 ear

United StateswDistrict Judge

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