Charles v. Loudoun Times-Mirror et al, No. 1:2024cv00368 - Document 3 (E.D. Va. 2024)
Court Description: MEMORANDUM OPINION and ORDER. Signed by District Judge Rossie D. Alston, Jr on 3/18/2024. (Sbro)
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Charles v. Loudoun Times-Mirror et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Lawrence Charles, Plaintiff, V. ) ) ) ) Loudoun Times-Mirror,et al,, Defendants. ) ) ) Case No. 1:24cv368(RDA/LRV) MEMORANDUM OPINION and ORDER Lawrence Charles, a Virginia state prisoner proceeding pro se, has filed a civil action against three defendants—Loudoun Times-Mirror; Ogden Newspapers;and Evan Goodenow.Dkt. No. 1. Plaintiffs claims are based upon alleged violations ofVirginia statutes. He asserts this Court hasjurisdiction under 28 U.S.C. §§ 1332 and 1367.Id. at 1,4. Section 1332 provides for "diversity jurisdiction," which is established in cases where there is complete diversity of citizenship and where the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). Section 1367 provides what is deemed "pendentjurisdiction" or "supplemental jurisdiction," which allows district courts to exercise supplemental jurisdiction over state law claims that "are so related to claims in the action within such original jurisdiction that they form part ofthe same case or controversy under Article III ofthe United States Constitution." 28 U.S.C. § 1367(a).' It is Plaintiffs burden to establish subject matter jurisdiction. Piney Run Pres. Ass'n v. Cnty. Comm 'rs, 523 F.3d 453,459(4th Cir. 2008)(holding that it is plaintiffs burden to establish court's subject matterjurisdiction). Subject matterjurisdiction can also be raised by a district court 'See Axel Johnson, Inc. v. Carroll Carolina Oil Co., Inc., 145 F.3d 660, 662 (4th Cir. 1998)(pendent jurisdiction "exists whenever there is [a federal claim], and the relationship between that claim and the state claim permits the conclusion that the entire action before the court comprises but one constitutional 'case.' The federal claim must have substance sufficient to confer subject matter jurisdiction on the court [and][t]he state and federal claims must derive from a common nucleus ofoperative fact.")(quoting United Mine Workers ofAmerica v. Gibbs,383 U.S. 715,725(1966)(citations and footnotes omitted)). Dockets.Justia.com
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