UNITED STATES DISTRICT COURT fILED
FOR THE DISTRICT OF COLUMBIA NOV - 3 2010
Clerk. U.S. District & Bankruptcy
Courts for the District of Columbia
)
Antonio Colbert, )
)
Plaintiff, )
)
v. )
)
Civil Action No. 10 Its76
McDonald's Restaurant, )
)
Defendant. )
)
MEMORANDUM OPINION
This matter is before the Court on plaintiff s 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. §§ 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 District of Columbia resident, sues a McDonald's restaurant in the District for
alleged harassment and food poisoning. Compl. at 2. He seeks $100,000 in damages. The
complaint neither presents a federal question nor provides a basis for diversity jurisdiction
because the parties are not of diverse citizenship. Plaintiffs recourse lies, if at all, in the
Superior Court of the District of Columbia. A separate Order of dismissal accompanies this
Memorandum Opinion.
~-
Date: October~, 2010
2