Packer v. Geico Insurance Company

• Court: District Court, District of Columbia
• Decided: June 30, 2010
• Docket: Civil Action No. 2010-1121
• Status: Published

Opinion

FILED

UNITED srArEs DISTRICT coURr C,erk JUN_ 3 0 2010 FOR THE DISTRICT OF COLUMBIA Cvurt§ fa~r$t.hzg,§$;itcr;cs; Efza§k;upr¢y 0 Hmbia ) Ruth Packer, ) ) Plaintiff, ) ) v_ ) Civil Action No.

) 10 1121 GEICO Insurance Company, ) ) Defendant. ) )

MEMORANDUM OPINION

This matter is before the Court on plaintiff’ s pro se complaint and application to proceed in forma pauperis 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. 8(a). Failure to plead such facts warrants dismissal of the action. See Fed. R. Civ. P. l2(h)(3).

Plaintiff, a presumed resident of the District of Columbia, sues GEICO Insurance Company based in Fredericksburg, Virginia, over the handling of her insurance claim arising

from a car accident. She seeks $45,000. The complaint does not present a federal question and

the amount in controversy is below the statutory minimum required for diversity jurisdiction. Hence, the complaint will be dismissed. A separate Order accompanies this Memorandum

Opinion.

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united states Discrier Judge Date: June @Y , 2010