Baldwin v. Pompili

Full title: Gwendolyn M. Baldwin, Plaintiff, v. Steven J. Pompili, DPM, Defendant

Court: United States District Court, D. Columbia

Date published: Jan 30, 2008

Civil Action No. 08 0184 (D.D.C. Jan. 30, 2008)

Opinion

Civil Action No. 08 0184.

January 30, 2008

MEMORANDUM OPINION

JOHN BATES, District Judge

This matter is before the Court on plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's 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 a doctor in the District of Columbia presumably for malpractice. She seeks $20,000 in damages. The complaint presents neither a federal question nor a basis for diversity jurisdiction. It therefore will be dismissed by separate Order issued contemporaneously.¹

1 Presumably, plaintiff may seek redress in the Superior Court of the District of Columbia.