O'Connor v. Government of the District of Columbia ( 2020 )

FILED
4/23/2020
Clerk, U.S. District & Bankruptcy
Court for the District of Columbia
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CAROLYN E. O’CONNOR, )
)
Plaintiff, )
)
v. ) Civil Action No. 20-0607 (UNA)
)
GOVERNMENT OF THE DISTRICT OF )
COLUMBIA, et al., )
)
Defendants. )
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff’s pro se complaint and
application for leave to proceed in forma pauperis. The Court will grant the application and
dismiss the complaint for lack of subject matter jurisdiction. 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
when a “federal question” is presented or the parties are of diverse citizenship and the amount in
controversy exceeds $75,000. “For jurisdiction to exist under 28 U.S.C. § 1332, there must be
complete diversity between the parties, which is to say that the plaintiff may not be a citizen of the
same state as any defendant.” Bush v. Butler, 521 F. Supp. 2d 63, 71 (D.D.C. 2007) (citing Owen
Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373-74 (1978)). 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).
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The plaintiff’s complaint is not based on a federal question, notwithstanding its passing
reference, see Compl. at 2, to the first paragraph of the United States Constitution. Nor does the
complaint allege diversity jurisdiction, as the parties all are citizens of the District of Columbia.
Furthermore, the complaint merely poses a question, see id. at 3, without articulating an actual
legal claim for this Court to resolve. Because the complaint establishes no basis for this Court’s
jurisdiction, the Court will dismiss the complaint and this civil action without prejudice. A
separate order accompanies this Memorandum Opinion.
DATE: April 23, 2020 /s/
AMY BERMAN JACKSON
United States District Judge
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