BRIZENDINE v. HERBOLD, No. 1:2009cv02275 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Paul L. Friedman on 11/3/09. (ls, )
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, FILED . UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Fallon Brizendine, Plaintiff, v. Charles Herbold, Defendant. ) ) ) ) ) ) ) ) ) Civil Action No. NOV 302009 Clerk, u.s. District and Bankruptcy Courts 09 2275 MEMORANDUM OPINION This matter is before the Court on plaintiffs pro se complaint and application to proceed informa pauperis. The Court will grant plaintiffs application and dismiss the complaint for lack of subject matter jurisdiction. The subject matter jurisdiction of the federal district courts is limited and is set forth generally at 28 U.S.C. ยงยง 1331 and 1332. Under those statutes, federal jurisdiction is available only when a "federal question" is presented or the parties are of diverse citizenship and the amount in controversy exceeds $75,000. 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. See Fed. R. Civ. P. 12(h)(3). Plaintiff, a resident of Frederick, Maryland, sues a resident of the District of Columbia for an alleged debt of $14, 465.00 "accrued over a 2-year period." Compi. at 1. The complaint neither presents a federal question nor provides a basis for diversity jurisdiction because the amount in controversy is well below the minimum amount for diversity jurisdiction. Accordingly, the complaint must be dismissed. 1 A separate Order accompanies this Memorandum Opinion. /I ~ <.,.J"., l Date: ~r _ _ , ~009 1 United States DistrIct Judge - Presumably, plaintiffs recourse lies in the Superior Court of the District of Columbia. 2
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