Opinion
Case: 1:16-cv-00624 Jury Demand
03-30-2016
PATSY LEE WEST, Plaintiff, v. CLERK OF SUPERIOR COURT, Defendant.
Assigned To : Unassigned
Assign. Date : 4/1/2016
Description: Pro Se Gen. Civ. (F Deck) MEMORANDUM OPINION
This matter is before the Court on plaintiff's application to proceed in forma pauperis and her pro se civil complaint. The application will be granted, and the complaint will be dismissed without prejudice.
Plaintiff is "seeking restitution as a legal heir [of Van Newkirk] and of the alleged debt [Duplin County, North Carolina] has place[d] upon [her]." Compl. at 1. 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 set forth a constitutional or statutory basis for plaintiff's claims, it is not apparent that this action arises under the United States Constitution or federal law. Because the complaint does not demand damages in excess of $75,000 and because all the parties appear to reside in North Carolina, 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: 3/30/16
/s/_________
United States District Judge