Opinion
Civil Action 23-03865 (UNA)
02-06-2024
VALERIE FLORES, Plaintiff, v. NEW BABYLON HONDA, Defendant.
MEMORANDUM OPINION
RUDOLPH CONTRERAS, UNITED STATES DISTRICT JUDGE
This matter, brought pro se, is before the Court on its initial review of Plaintiff's Complaint for a Civil Case, ECF No. 1, and motion for leave to proceed in forma pauperis, ECF No. 2. The Court will grant the motion 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, id. § 1331, or the parties are of diverse citizenship and the amount in controversy “exceeds the sum or value of $75,000, exclusive of interest and costs,” id. § 1332(a).
Federal question jurisdiction is grounded in “the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Diversity jurisdiction requires “complete diversity between the parties, which is to say that the plaintiff may not be a citizen of the same state as any defendant.” Bush v. Butler, 521 F.Supp.2d 63, 71 (D.D.C. 2007) (citing Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373-74 (1978)). It is a “well-established rule” that in order for an action to proceed in diversity, the citizenship requirement must be “assessed at the time the suit is filed.” Freeport-McMoRan, Inc. v. K N Energy, Inc., 498 U.S. 426, 428 (1991). 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 citizen of New York, has sued a car dealership in West Babylon, New York, alleging fraudulent sale of a vehicle. See Compl. at 2-3. She seeks “$75,000 k personal injury punitive damage & a different vehicle with the same features.” Id. at 4. In the form Complaint, Plaintiff checks the boxes for both federal question and diversity jurisdiction, id. at 3, but nothing alleged raises a federal question, and the parties' shared New York citizenship forecloses diversity jurisdiction. Consequently, this case will be dismissed by separate order.