Opinion
Civ. No. 19-1770 (UNA)
07-08-2019
MEMORANDUM OPINION
The plaintiffs, citizens of Joliet, Illinois, bring this medical malpractice action against Dr. Renuka Bhatt, an Illinois physician who treated Mrs. Souvannasot from June 2011 through February 2013. Plaintiffs demand damages of $1 million.
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 state a claim arising under the United States Constitution or federal law and, therefore, the plaintiffs do not demonstrate federal question jurisdiction. Although the plaintiffs' demand for monetary damages exceeds $75,000, because the parties all are citizens of Illinois, the plaintiffs fail to establish diversity jurisdiction.
Accordingly, the Court will grant the plaintiffs' application to proceed in forma pauperis and will dismiss the complaint for lack of subject matter jurisdiction. An Order is issued separately. DATE: July 8, 2019
/s/_________
United States District Judge