Opinion
Civil Action No. 17-2369 (UNA)
01-17-2018
SHARON RUCKER, Plaintiff, v. JOHN KABACINSKI, Defendant.
MEMORANDUM OPINION
The plaintiff brings this action against her grandson, whose behavior and misdeeds have resulted in property damage and emotional distress, among other harms. 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.
Although the Complaint appears to list two additional plaintiffs, Charles Rucker and Andie Kabacinski, only plaintiff Sharon Rucker submits an application to proceed in forma pauperis. The Court treats the Complaint as if it had been filed by Sharon Rucker alone. --------
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: 1/17/18
/s/_________
United States District Judge