Opinion
Civil Action No. 18-1694 (UNA)
09-12-2018
ANDREA LYNN KABACINSKI, Plaintiff, v. JOHN RONALD KABACINSKI, Defendant.
MEMORANDUM OPINION
The plaintiff's claims pertain to the misdeeds of the defendant, particularly his failure to pay child support and to provide for their children's medical care. Among other relief, the plaintiff demands payment of past due child support and an increase in the child support payments.
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 does not articulate a claim arising under the United States Constitution or federal law; therefore, the plaintiff does not demonstrate federal question jurisdiction. Although the parties appear to be citizens of different states, the complaint does not indicate whether the amount in controversy exceeds $75,000. For this reason, the plaintiff also fails to establish diversity jurisdiction. Furthermore, because none of the parties appear to reside in the District of Columbia, and because none of the events giving rise to the plaintiff's claims occurred here, it is doubtful that this district is the proper venue for resolution of the plaintiff's claims.
The Court will grant the plaintiff's application to proceed in forma pauperis and dismiss the complaint without prejudice for lack of subject matter jurisdiction. An Order is issued separately. DATE: September 12, 2018
/s/_________
United States District Judge