Summary
The United States District Court for the District of Columbia grants the pro se plaintiff’s application to proceed in forma pauperis but dismisses the action without prejudice for lack of subject-matter jurisdiction. The court concludes that the complaint does not establish federal-question jurisdiction or diversity jurisdiction because it identifies no federal cause of action, fails to adequately plead defendants’ citizenship, and does not allege an amount in controversy exceeding $75,000. The dismissal is entered under Federal Rule of Civil Procedure 12(h)(3).
Holdings
- The complaint failed to establish federal-question jurisdiction because it did not invoke a federal cause of action and the court could not independently discern a basis for federal jurisdiction from the alleged facts.
- The complaint failed to establish diversity jurisdiction because it did not adequately allege the citizenship or domicile of every defendant and did not allege an amount in controversy exceeding $75,000.
- The action was dismissed without prejudice for lack of subject matter jurisdiction.
Questions Presented
- Whether the complaint adequately pleaded federal-question jurisdiction.
- Whether the complaint adequately pleaded diversity jurisdiction.
- Whether dismissal without prejudice was required for lack of subject matter jurisdiction.
Disposition
dismissed
Cases Cited (6)
- Johnson v. Robinson, 576 F.3d 522, 522 (D.C. Cir. 2009) (per curiam)(followed)
- Bilal v. Kaplan, 904 F.2d 14, 15 (8th Cir. 1990) (per curiam)(followed)
- Freeport-McMoRan, Inc. v. K N Energy, Inc., 498 U.S. 426, 428 (1991)(followed)
- Meng v. Schwartz, 305 F. Supp. 2d 49, 55 (D.D.C. 2004)(followed)
- Novak v. Capital Mgmt. & Dev. Corp., 452 F.3d 902, 906 (D.C. Cir. 2006)(followed)
- Naartex Consulting Corp. v. Watt, 722 F.2d 779, 792 n.20 (D.C. Cir. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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