Pressley v. Fykes ( 2012 )

FILED
UNITED STATES DISTRICT COURT APR 3 0 2012
FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
)
Thomas Pressley, )
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Plaintiff, )
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v. )
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Civil Action No.
12 0684
Leroy M. Fykes, )
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Defendant. )
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MEMORANDUM OPINION
This matter is before the Court on plaintiff's pro se complaint and application to proceed
in forma pauperis. The Court will grant plaintiff's application and dismiss the complaint for lack
of subject matter jurisdiction.
The subject matter jurisdiction of the federal district courts is limited and is set forth
generally at 28 U.S.C. §§ 1331 and 1332. Under those statutes, federal jurisdiction is available
only when a "federal question" is presented or the parties are of diverse citizenship and the
amount in controversy exceeds $75,000. A party seeking relief in the district court must at least
plead facts that bring the suit within the court's jurisdiction. See Fed. R. Civ. P. 8(a). Failure to
plead such facts warrants dismissal ofthe action. See Fed. R. Civ. P. 12(h)(3).
Plaintiff, a District of Columbia resident, sues a Conservator appointed by a judge of the
Superior Court of the District of Columbia, who also resides in the District. Plaintiff seeks an
accounting of money that was disbursed to defendant apparently on plaintiff's behalf. The
instant complaint neither presents a federal question nor provides a basis for diversity jurisdiction
because the parties are not of diverse citizenship. Plaintiff's recourse lies, if at all, in the
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Superior Court of the District of Columbia, presumably in the Probate Division. A separate
Order of dismissal accompanies this Memorandum Opinion.
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~\)Ala.-~
United States District Judg
Date: April 'JS , 2012
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