Misu v. Suthpin Courthouse

Opinion

FILED UNITED STATES DISTRICT COURT MAY 262009 FOR THE DISTRICT OF COLUMBIA Clerk Us Bank . . District and Tira Misu, ) rUPtcy Courts ) Plaintiff, ) ) v. ) ) Civil Action No. 09 0970 Suthpin Courthouse, ) ) Defendant. )

MEMORANDUM OPINION

This matter is before the Court on plaintiffs pro se complaint and application to proceed

in forma pauperis. The Court will grant plaintiffs 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. 8(a). Failure to

plead such facts warrants dismissal of the action. See Fed. R. Civ. P. 12(h)(3).

Plaintiff, a resident of College Point, New York, sues a defendant based in New York for

negligence and defamation. She demands $10 million in monetary damages. The complaint

neither presents a federal question nor provides a basis for diversity jurisdiction because the

parties are not of diverse citizenship. Accordingly, the complaint will be dismissed. A separate

Order accompanies this Memorandum Opinion. I I

Date: May +, 2009 !united Stat District Judge

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