Bradley v. Bradley

Filing 14

ORDER: IT IS ORDERED that this matter is dismissed without prejudice for lack of subject-matter jurisdiction. (See Order for details.) Signed by Judge Douglas L Rayes on 7/28/22. (SST)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Scott Thomas Bradley,

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Plaintiff,

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v.

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Lori Lynn Bradley,

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No. CV-22-01138-PHX-DLR
ORDER

Defendant.

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Unlike state courts, federal courts are courts of limited subject-mater jurisdiction.

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Federal courts are authorized to hear cases between citizens of different states when the

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amount in controversy exceeds $75,000. 28 U.S.C. § 1332. This is called “diversity

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jurisdiction.” Federal courts also are authorized to hear cases brought under federal law.

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28 U.S.C. § 1331. This is called “federal question jurisdiction.”

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Here, the complaint alleges that Plaintiff and Defendant are Arizona residents, so

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there is no diversity jurisdiction. Plaintiff instead alleges federal question jurisdiction. But,

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having reviewed the complaint, the Court finds no cognizable federal question. Plaintiff

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appears to be attempting to sue his ex-spouse for violating his federal constitutional rights,

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but as another judge in this District recently explained in a similar case filed by Plaintiff

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against Defendant: “While Plaintiff refers to the United States Constitution in the

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Complaint, he does not raise any constitutional claim against Defendant. Indeed, such a

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claim in this context could only be brought against the state or a state actor, and Defendant

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is not a state actor. Because Plaintiff has no federal claim against Defendant, the Court

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lacks subject matter jurisdiction over this matter and must dismiss it.” Bradley v. Bradley,

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No. CV-22-00874-PHX-JJT, 2022 WL 2390946, at *1 (D. Ariz. July 1, 2022).

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Accordingly,

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IT IS ORDERED that this matter is dismissed without prejudice for lack of subjectmatter jurisdiction.
Dated this 28th day of July, 2022.

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Douglas L. Rayes
United States District Judge

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