GRACE v. MINISSALE, No. 1:2009cv02323 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Ricardo M. Urbina on 11/25/09. (ls, )
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FILED GEC UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Earl Lee Grace, Plaintiff, v. Robert Minissale, Defendant. ) ) ) ) ) Civil Action No. ) ) ) ) ~. 3 2009 Clerk, u.s. District and Bankruptcy Courts 09 2323 MEMORANDUM OPINION This matter is before the Court on plaintiffs pro se complaint and application to proceed in forma 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 Georgetown, Maryland, sues a resident or individual doing business in Georgetown, Maryland, for fraud arising from the sale of land. He seeks $60,000 in damages. The complaint neither presents a federal question nor provides a basis for diversity jurisdiction because the parties are not of diverse citizenship and the amount in controversy is 3 less than $75,000. Accordingly, the complaint will be dismissed. A separate Order accompanies ~~.~ this Memorandum Opinion. Date: November)Jf; ,2009 United States District Judge 2
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