Opinion
No. C 02-04249 WHA
January 2, 2003
DISMISSAL FOR LACK OF SUBJECT-MATTER JURISDICTION
On September 6, 2002, plaintiff filed pro per a complaint against the manager of Self Storage 1 regarding the termination of plaintiffs tenancy of a storage unit. The complaint alleges that plaintiffs occupancy was terminated because he occasionally sat on a cart and was seen with bottled water in his storage unit and that these are insufficient grounds for termination. For relief, plaintiff seeks the following: (1) "to be allowed to pay . . . monthly rent for 8-28 to 9-28-02, and without any late or prorated charges;" (2) "continued possession of [the] storage space;" and (3) "to be treated fairly and equitably as all the other tenants of Self Storage One are treated." The complaint makes no reference to federal law.
Because even a liberal construction of this complaint fails to reveal any basis for federal subject matter jurisdiction, this action is hereby DISMISSED. The hearing scheduled for January 9, pursuant to this Court's order to show cause, dated December 12, 2002, is
VACATED.
JUDGMENT IN A CIVIL CASE
( ) Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
(X) Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS SO ORDERED AND ADJUDGED and the case is dismissed.