Beavers v. Watters

FILED UNITED STATES DISTRICT COURT JUN 3 0 2010 Clerk. U.S. District & Bankruptcy FOR THE DISTRICT OF COLUMBIA Courts for the District of Columbia ) Joel 1. Beavers, ) ) Plaintiff, ) ) v. ) Civil Action NolO 1120 ) Keith Watters et al., ) ) Defendants. ) ) 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 resident of the District of Columbia, sues two attorneys apparently for the second time. See CompI. Attachments (docket of Beavers v. Hill, Civ. Action No. 03-284). One defendant resides or works in the District of Columbia. Like the previous complaint dismissed for lack of subject matter jurisdiction, the current complaint presents neither a federal question nor a basis for diversity jurisdiction because the plaintiff and one defendant reside in the same state. A separate Order of dismissal accompanies this Memorandum Opinion. u Date: June 'Vi, 2010 2