Nanney v. Rbc Ministries

Opinion

•

FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MAR 14 2011 Clerk, U.S. District & Bankruptcy Courts for the District of Columbia James David Nanney, ) ) Plaintiff, ) ) v. ) Civil Action No. 11-0315 (UNA) ) RBC Ministries, ) ) Defendant. )

MEMORANDUM OPINION

In what the Court has construed as a motion, plaintiff, a prisoner at the Brown Creek

Correctional Institution in Polkton, North Carolina, seeks a court order to compel prison officials

to release a certified copy of his trust fund account statement so that he may comply with this

Court's Order of February 8, 2011. Because the complaint fails to provide a basis for federal

court jurisdiction, the Court will instead dismiss this action. See Fed. R. Civ. P. 12(h)(3)

(requiring the court to dismiss an action "at any time" it determines that subject matter

jurisdiction is wanting).

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).

Plaintiff sues an entity located in Grand Rapids, Michigan, for "fraud, lieing [sic] and

robbery of a Bible." Compi. at 1. He "want [s] a federal order to take all of RBC Ministries •

proptery [sic]." Id. The complaint neither presents a federal question nor provides a basis for

diversity jurisdiction because no amount in controversy is pled. A separate Order accompanies

this Memorandum Opinion.

March ~, 2011