FILED
UNITED STATES DISTRICT COURT OCT 28 2010
FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
ANTONIO COLBERT, )
)
Plaintiff, )
)
v. ) Civil Action No.
) 10 1838
BURGER KING, )
)
Defendant. )
MEMORANDUM OPINION
This matter comes before the court on review ofplaintiffs application to proceed
in forma pauperis and pro se civil complaint. The court will grant the application, and dismiss
the complaint.
Plaintiff alleges that Burger King employees have harassed, insulted and
threatened him, and he demands damages of$50,000. CompI. at 2. 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). The complaint neither states a federal claim nor establishes
diversity of citizenship. Accordingly, the Court will dismiss this action for lack of subject matter
jurisdiction.
An Order consistent with this Memorandum Opinion is issued separately.
United States District Judge
DATE: t f))"'UJ7l 0