Powers v. Washington Metropolitan Area Transit Authority

Full title: Ann Powers, Plaintiff, v. Washington Metropolitan Area Transit Authority…

Court: United States District Court, D. Columbia

Date published: Dec 9, 2008

Civil Action No. 09 0026 (D.D.C. Dec. 9, 2008)

Opinion

Civil Action No. 09 0026.

December 9, 2008

MEMORANDUM OPINION

HENRY KENNEDY JR., District Judge

The plaintiff has filed a pro se complaint and an application to proceed in forma pauperis. The Court will grant the application, and dismiss the complaint.

The complaint, which identifies the plaintiff as the daughter of Elvis Presley and Marilyn Monroe, states that plaintiff applied to the Washington Metropolitan Area Transit Authority for a disability rider's pass, but was denied. However, the complaint does not allege that plaintiff was discriminated against on the basis of a disability from which she suffers. Accordingly, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).

The complaint could conceivably be construed to state a claim that the individual defendant, apparently a WMATA employee, threatened the plaintiff with physical harm. Even so construed, the complaint would have to be dismissed for lack of federal jurisdiction.

A separate order accompanies this memorandum opinion.