Opinion
Civil Action No. 17-2437 (UNA)
01-02-2018
MOHSEN KHOSHMOOD, Plaintiff, v. EASTERN MARKET MANAGEMENT, Defendant.
MEMORANDUM OPINION
The plaintiff alleges that, on September 25, 2016, "[o]ne of the Eastern Market manager[s] with two security guards [followed him] for reasons unknown to [him.]" Compl. at 1. "Every time [plaintiff] would stop to talk to any Sales persons on the sidewalk, they would tell the sales people not to talk to [him]." Id. Plaintiff called the police, and the responding officer allegedly "punched [plaintiff] in the stomach," arrested and handcuffed him, and "brought [him] to jail" where he remained for 47 days. Id.
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 vaguely mentions discrimination and hints at an unlawful arrest. It does not, however, articulate a claim arising under the United States Constitution or federal law, and the plaintiff does not demonstrate federal question jurisdiction. The plaintiff does not demonstrate diversity jurisdiction either. All the parties appear to be citizens of the District of Columbia, and the complaint does not indicate whether the amount in controversy exceeds $75,000.
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: January 2, 2018
/s/_________
United States District Judge