LUCKY v. CAPITAL ONE BANK et al, No. 1:2011cv01912 - Document 3 (D.D.C. 2011)

Court Description: MEMORANDUM OPINION Signed by Judge Rosemary M. Collyer on 10/18/2011. (ls, )

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FILED NOV -1 2011 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 0lerk, u.s. District & Bankruptcy Gourts for t.he Dlstritt of Columbl, MICHAEL R. LUCKY, Plaintiff, Civil Action No. v. 11 1~12 CAPIT AL ONE BANK, et aI., Defendants. MEMORANDUM OPINION This matter is before the Court on plaintiff s application to proceed in forma pauperis and pro se complaint. The application will be granted and the complaint will be dismissed. Plaintiffs complaint describes his encounters with staff at a Capital One Bank branch in Washington, D.C., which culminated in his expulsion from the branch. Plaintiff "ask[s] the court to grant [him] 25000 dollars for conspiracy to organized crime which resaulted [sic] to mental anguish." Compi. at 12 (page number designated by the Court). Federal district courts have jurisdiction in civil actions arising under the Constitution, laws or treaties of the United States. See 28 U.S.C. § 1331. In addition, federal district courts have jurisdiction over civil actions where the matter in controversy exceeds $75,000, and the suit is between citizens of different states. See 28 U.S.C. § 1332(a). This complaint neither states a federal claim, establishes diversity of citizenship of the parties, nor avers that the matter in controversy exceeds $75,000. Accordingly, the Court will dismiss this action for lack of subject matter jurisdiction. An Order accompanies this Memorandum Opinion. 3

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