Wright v. State Attorney General ( 2020 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Charles Antonio Devon Wright, )
)
Plaintiff, )
) Civil Action No. 20-561 (UNA)
)
State Attorney General, )
)
Defendant. )
MEMORANDUM OPINION
This matter, brought pro se, is before the Court on review of plaintiff’s application to
proceed in forma pauperis and his “Complaint in Suit of Equity.” 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).
“Federal courts are courts of limited jurisdiction. They possess only that power authorized
by Constitution and statute,” and it is “presumed that a cause lies outside this limited jurisdiction.”
Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). 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.
Plaintiff is incarcerated in Fort Collins, Colorado. He has sued the “State Attorney
General,” but the complaint’s allegations are unintelligible. Regardless, the Eleventh Amendment
to the United States Constitution immunizes a State from suit in federal court, unless immunity is
waived. 1 Plaintiff has not come close to demonstrating Colorado’s waiver of immunity. See
1
The amendment provides in pertinent part: “[t]he judicial power of the United States shall not
be construed to extend to any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State.” U.S. Const. amend. XI. The amendment applies
1
Khadr v. United States, 529 F.3d 1112, 1115 (D.C. Cir. 2008) (“[T]he party claiming subject matter
jurisdiction . . . has the burden to demonstrate that it exists.”) (citation omitted)). So, this case will
be dismissed. A separate Order accompanies this Memorandum Opinion.
_________s/_____________
AMY BERMAN JACKSON
Date: April 27, 2020 United States District Judge
equally to suits brought by citizens against their own states. Edelman v. Jordan, 415 U.S. 651,
662-63 (1974); Hans v. Louisiana, 134 U.S. 1, 13-15 (1890).
2