Opinion
No. 3:15-0242
03-26-2015
RONALD J. WOODS Plaintiff v. STATE OF TENNESSEE, et al. Defendants.
ORDER
Before the Court is a pro se complaint (Docket Entry No. 1) filed by Plaintiff, Ronald J. Woods and his application to proceed in forma pauperis (Docket Entry No. 2). From a review of his application, Plaintiff lacks sufficient financial resources from which to pay the fee required to file the complaint. Therefore, the Clerk will file the complaint in forma pauperis. 28 U.S.C. § 1915(a). However, process shall NOT issue.
According to his complaint, on March 13, 2015, Plaintiff was driving on the Interstate when he struck a pothole. The pothole caused significant damage to the Plaintiff's vehicle. Plaintiff's claim is that the Defendants the State of Tennessee and the Tennessee Highway Department are liable for the cost of repairs of Plaintiff's vehicle.
Before this action can proceed, Plaintiff must allege facts to demonstrate this Court's subject matter jurisdiction or authority to hear the controversy. Perkins, Inc. v. Werner and Pfleiderer Corp., 710 F.2d 1561, 1565 (D.C. Cir. 1983). A district court must consider matters of jurisdiction, and may do so on its own motion. Hadley v. Werner, 753 F.2d 514, 516 (6 Cir.1985). This Court has jurisdiction to adjudicate claims involving a federal law, 28 U.S.C. § 1331, or claims involving parties with diversity of citizenship in controversies exceeding $75,000. 28 U.S.C. § 1332.
Here, as Plaintiff is a Tennessee citizen, there is not complete diversity of citizenship between the parties for diversity jurisdiction. As to a federal jurisdiction question, the failure to locate and patch potholes is not shown to violate a federal law so as to present a federal law question. The Court concludes that Plaintiff has failed to allege facts that his claims fall within the scope of this Court's jurisdiction.
Accordingly, this action is hereby DISMISSED without prejudice to his claims for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3).
This is the Final Order in this action.
It is so ORDERED.
ENTERED this the 26 day of March, 2015.
/s/_________
WILLIAM J. HAYNES, JR.
Senior United States District Judge