Julius v. Saff

• Court: District Court, District of Columbia
• Decided: March 2, 2010
• Docket: Civil Action No. 2010-0332
• Status: Published

Opinion

FILED

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Tyrone Julius, ) ) Plaintiff, ) )

v. ) Civil Action No. ) Jones Saff, ) ) Defendant. )

MEMORANDUM OPINION

This matter is before the Court on plaintiffs pro se complaint and application to proceed in forma pauperz`s. The Court will grant plaintiff s application and dismiss the complaint for lack of subject matter jurisdiction.

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. S(a). Failure to plead such facts warrants dismissal of the action. See Fed. R. Civ. P. l2(h)(3).

Plaintiff, a District of Columbia homeless resident (see Compl. Attachment), sues an individual either residing or working in the District of Columbia. He seeks $999,999,999,999 in damages. The basis of the complaint is unclear but plaintiff appears to allege that defendant

assaulted him, although the complaint attachment suggests otherwise. In any event, the

complaint neither presents a federal question nor provides a basis for diversity jurisdiction because the parties are not of diverse citizenship. Accordingly, it will be dismissed. A separate

Order accompanies this Memorandum Opinion.

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United 'Stalte istrict Judge Date: February / § , 2010