Hassan v. Balogun

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DAYID HASSAN, Plaintiff

V. Civil Action No. 23-197 (CKK)

OLAITAN BALOGUN, et al., Defendants.

MEMORANDUM OPINION

(November 4, 2024)

Plaintiff David Hassan, proceeding prose, asserts common law defamation claims against Defendants Olaitan Balogun, Ade Koiki, Vivian Williams, Moseh Odumegu, and Sharon Newton. See Compl., ECF No. 1. Hassan alleges Defendants defamed him by accusing him of sexual misconduct. Id. ,r,r 21, 26-34. Newton moved to dismiss for lack of subject-matter jurisdiction. Def. 's Mot. to Dismiss, ECF No. 30. This Court referred Newton's motion to Magistrate Judge Moxila A. Upadhyaya for a report and recommendation pursuant to Local Civil Rule 72.3(a). Order, ECF No. 71. And the Court is now in receipt of that [72] Report and Recommendation.

Magistrate Judge Upadhyaya's Report and Recommendation recommends that the Court grant Newton's motion and dismiss this matter for lack of subject-matter jurisdiction. ECF No. 72 at 4. The Complaint raises only state-law claims, and Hassan invokes this Court's diversity jurisdiction pursuant to 28 U.S.C. § 1332(a)(l ). Compl. ,r 1 ("Plaintiff and Defendants are citizens of different states and the amount in controversy exceeds $75,000."). Hassan testified under oath that he was a Maryland resident when he commenced this suit and that he remains a Maryland resident today. Report & Recommendation at 2. Because "there is no dispute" that Newton is also a Maryland resident, Magistrate Judge Upadhyaya concluded that "complete diversity of