MALONE v. DISTRICT OF COLUMBIA HOUSING AUTHORITY et al, No. 1:2009cv02185 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Paul L. Friedman on 10/29/09. (ls, )
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FILED NOV 19 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Joan Francis Mary Malone, Clerk, U.S. District and Bankruptcy Courts ) ) Plaintiff, ) ) v. ) Civil Action No. O~ 2185 ) District of Columbia Housing Authority, ) ) Defendant. ) MEMORANDUM OPINION This matter comes before the Court on consideration of plaintiffs pro se complaint and application to proceed in forma pauperis. The Court will grant the application, and dismiss the complaint. Unlike state courts of general jurisdiction, federal district courts have limited jurisdiction. A federal district court has jurisdiction in civil actions arising under the Constitution, laws or treaties of the United States. See 28 U.S.C. § 1331. Here, however, the complaint asserts claims or facts supporting claims for common law torts including, among other things, harassment, libel, slander, trespass, breach of contract, negligence, and destruction of property. Although the opening paragraph of the complaint describes it as one for "discrimination," there are no facts alleging or otherwise stating or implying that the plaintiff is a member of a protected group or that any defendant has acted on the basis of discriminatory animus. Therefore, the Court is unable to discern a basis for jurisdiction under § 1331. A federal district court also has jurisdiction over civil actions in matters where the controversy exceeds $75,000 and is between citizens of different states. See 28 C.F.R. § 1332(a). But here it appears that both plaintiff and defendants are citizens of the District of Columbia. Therefore, there is also no federal court jurisdiction under § 1332(a). Accordingly, the Court will dismiss the complaint without prejudice for lack of subject matter jurisdiction. A separate order accompanies this memorandum opinion. Date: 10 / l-1 I0' ~~ ~ United StatesDis
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