Potter v. Special Funds Conservation Committee

Opinion

FILED UNITED STATES DISTRICT COURT SEP 2 1 2012 Clerk, U.S. District & Bankruptcy FOR THE DISTRICT OF COLUMBIA Courts for the District of Columbia

) Antonio T. Potter, ) ) Plaintiff, ) ) V. ) ) Civil Action No. 12 1571 Special Funds Conservation Committee, ) ) 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 ofthe action. See Fed. R. Civ. P. 12(h)(3).

Plaintiff is a resident of Rochester, New York, suing an entity in Cheektowaga, New

York, for workers' compensation. The complaint neither presents a federal question nor

provides a basis for diversity jurisdiction. A separate Order of dismissal accompanies this

Memorandum Opinion. _[;_;c_c._ &~S_f!vrUc__ DATE: September _j_J_, 2012 United States District Judge

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