Opinion
Civ. No. 18-1200 (UNA)
06-12-2018
ELOISE CAMPOS, Plaintiff, v. RITEWAY MEDICAL EQUIPMENT SUPPLIES & NURSECARE, INC., Defendant.
MEMORANDUM OPINION
This matter is before the Court on the plaintiff's application to proceed in forma pauperis and pro se civil complaint. The application will be granted, and the complaint will be dismissed without prejudice.
The Court treats the complaint as if it had been filed by Eloise Campos alone. While Ms. Campos may be the owner of Campos Enterprises, Inc., unless she is a licensed attorney, she cannot represent the interests of the corporation. See 28 U.S.C. § 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel[.]"); Georgiades v. Martin-Trigona, 729 F.2d 831, 834 (D.C. Cir. 1984) (finding that appellee's son "is not a member of the bar of any court," and he "may appear pro se but is not qualified to appear in the District Court or in this court as counsel for others"). --------
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 raises a breach of contract claim. It fails to allege a claim arising under the United States Constitution or federal law and, therefore, the plaintiff does not raise a federal question. Furthermore, because the plaintiff neither demands monetary damages exceeding $75,000 nor demonstrates that the parties are citizens of different states, the plaintiff fails to establish diversity jurisdiction. Accordingly, the Court will dismiss the complaint for lack of subject matter jurisdiction.
An Order consistent with this Memorandum Opinion is issued separately. DATE: June 12, 2018
/s/_________
United States District Judge