Serdar v. Sargent Industries Airite Division ( 2010 )

FILED
APR 2 0 2010
Clerk. U.S. District & Bankruptcy
UNITED STATES DISTRICT COURT Courts for the District of Columbia
FOR THE DISTRICT OF COLUMBIA
John J. Serdar, )
)
Plaintiff, )
v.
)
) Civil Action No.
10 0611
)
Sargent Industries Airight Div., )
)
Defendant. )
MEMORANDUM OPINION
This matter comes before the Court on consideration of plaintiffs pro se complaint and
application to proceed in forma pauperis. The Court will grant the application to proceed in
forma pauperis, and dismiss the complaint for lack of subject matter jurisdiction.
Unlike state courts of general jurisdiction, federal district courts have limited jurisdiction.
A federal district court has jurisdiction in civil actions arising under the Constitution, laws or
treaties of the United States. See 28 U.S.C. § 1331. Here, however, the complaint appears to
arise from an industrial accident resulting in personal injury, which does not appear to implicate
the Constitution, laws or treaties of the United States.
A federal district court also has jurisdiction over civil actions in matters where the
controversy exceeds $75,000 and where there is complete diversity of citizenship among the
parties. See 28 U.S.C. § 1332(a). Here, the plaintiff states no demand for damages and it
appears that both the plaintiff and the defendant are citizens of the state of California. Therefore,
both the threshold amount in controversy and complete diversity of citizenship among the parties
are lacking.
Accordingly, the Court will dismiss the complaint, without prejudice, for lack of subject
matter jurisdiction. A separate order accompanies this memorandum opinion.
Date: (~ ('/ 2.c f i)