Lucky v. Capital One Bank ( 2011 )

FILED
NOV -1 2011
UNITED STATES DISTRICT COURT 0lerk, u.s. District & Bankruptcy
FOR THE DISTRICT OF COLUMBIA Gourts for t.he Dlstritt of Columbl,
MICHAEL R. LUCKY,
1~12
Plaintiff,
v. Civil Action No. 11
CAPIT AL ONE BANK, et aI.,
Defendants.
MEMORANDUM OPINION
This matter is before the Court on plaintiff s application to proceed in forma pauperis and
pro se complaint. The application will be granted and the complaint will be dismissed.
Plaintiffs complaint describes his encounters with staff at a Capital One Bank branch in
Washington, D.C., which culminated in his expulsion from the branch. Plaintiff "ask[s] the court
to grant [him] 25000 dollars for conspiracy to organized crime which resaulted [sic] to mental
anguish." Compi. at 12 (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). This complaint neither states a
federal claim, establishes diversity of citizenship of the parties, nor avers that the matter in
controversy exceeds $75,000. Accordingly, the Court will dismiss this action for lack of subject
matter jurisdiction. An Order accompanies this Memorandum Opinion.
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