Miller v. College Financial Advisory

CourtDistrict Court, District of Columbia
DecidedJune 30, 2009
DocketCivil Action No. 2009-1199
StatusPublished

This text of Miller v. College Financial Advisory (Miller v. College Financial Advisory) 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.

Bluebook
Miller v. College Financial Advisory, (D.D.C. 2009).

Opinion

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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Plaintiff has filed an application to proceed in forma pauperis and a pro se complaint. The application to proceed in forma pauperis will be granted and the complaint will be dismissed for lack of jurisdiction

The complaint asserts that the defendant, which appears to be an on-line non-profit

organization (wvvw.collegefinadv.org), has been non-responsive to her requests for information

and service. Compl. at l, 2. The complaint asks "the United States District Court for the District of Columbia to validate that the[] agency is not fraudulent, scheming, or cunning on the public." Ia’. at 2. The complaint also "would like to know if the[] agency intends on giving [the plaintiff] access to other financial aid programs and services [and whether it will] accommodate [the plaintiff s] proposal from wvvw.applestore.com, . . . ." Id.

P1aintiff apparently misunderstands the work of a federal district court. A federal court is a court of limited jurisdiction, Kokkonen v. Guara'ian Lzfe Ins. Co. of Am., 511 U.S. 375, 377 (l994), which is restricted to hearing and deciding actual cases or controversies. "No principle is

more fundamental to the judiciary’s proper role in our system of government than the

constitutional limitation of federal-court jurisdiction to actual cases or controversies." Simon v. Eastern Ky. Welfare Rights Organization, 426 U.S. 26, 37 (1976) (quoted in Raines v. Byra', 521 U.S. 811, 818 (1997) and Daz'mlerChrysler Corp. v. Cuno, 547 U.S. 332, 341 (2006)). The complaint in this case does not identify any case or controversy. lt also does not identify any injury the plaintiff has suffered because of defendant’s actions, which is an essential component ofa case or controversy. See Lujan v. Defena’ers of Wildlz`fe, 54 U.S. 555, 559 (1992). Accordingly, the complaint will be dismissed for lack of subject matter jurisdiction.

A separate order accompanies this memorandum opinion.

Date: Unit§{'§cates District Judge

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Related

Kokkonen v. Guardian Life Insurance Co. of America
511 U.S. 375 (Supreme Court, 1994)
Raines v. Byrd
521 U.S. 811 (Supreme Court, 1997)
DaimlerChrysler Corp. v. Cuno
547 U.S. 332 (Supreme Court, 2006)

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Bluebook (online)
Miller v. College Financial Advisory, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-college-financial-advisory-dcd-2009.