Filing 3

MEMORANDUM OPINION Signed by Judge Henry H. Kennedy on 12/9/08. (ls, )

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FILED JAN - 8 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Ann Powers, Plaintiff, v. Washington Metropolitan Area Transit Authority et al., Defendants. ) ) ) ) ) ) ) ) ) ) Clerk, U.S. District and Bankruptcy Courts Civil Action No. 02 0026 MEMORANDUM OPINION The plaintiff has filed a pro se complaint and an application to proceed in forma pauperis. The Court will grant the application, and dismiss the complaint. The complaint, which identifies the plaintiff as the daughter of Elvis Presley and Marilyn Monroe, states that plaintiff applied to the Washington Metropolitan Area Transit Authority for a disability rider's pass, but was denied. However, the complaint does not allege that plaintiff was discriminated against on the basis of a disability from which she suffers. Accordingly, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 28 u.S.C. 1915(e)(2)(B)(ii). The complaint could conceivably be construed to state a claim that the individual defendant, apparently a WMAT A employee, threatened the plaintiff with physical harm. Even so construed, the complaint would have to be dismissed for lack of federal jurisdiction. A separate order accompanies this memorandum opinion.

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