Opinion
Case: 1:15-cv-01106
07-09-2015
MARTHA RUTH SMITH, Plaintiff, v. KAREN AND EDDIE NEWTON, Defendants.
Assigned To : Unassigned
Assign. Date : 7/13/2015
Description: Pro Se Gen. Civil F Deck
MEMORANDUM OPINION
This matter is before the Court on consideration of the plaintiff's application to proceed in forma pauperis and her pro se complaint. The application will be granted, and the complaint will be dismissed.
The plaintiff's complaint describes events which apparently culminated in legal proceedings in the state courts in Louisiana to terminate her parental rights. Among other relief, the plaintiff requests that "all [her] children . . . be returned safely back in [her] care." Compl. at 21 (page number designated by the Court).
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). It does not appear that the plaintiff's claims arise under the United States Constitution or federal law. Because the complaint does not demand damages and because all the parties appear to reside in the same state, the plaintiff does not demonstrate diversity of citizenship. Accordingly, the complaint will be dismissed for lack of subject matter jurisdiction.
An Order consistent with this Memorandum Opinion is issued separately. DATE:
7/9/15
/s/_________
United States District Judge