TREVINO v. TEXAS VITAL STATISTICS

Filing 3

MEMORANDUM OPINION Signed by Judge Ellen S. Huvelle on 5/17/2011. (ls, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

FILED
MAY 262011
,.,!!~ u.s. District & Bankruptcy
VU... III

Flordelisa I. Trevino,
Petitioner,

v.
Texas Vital Statistics, DSHS,
Respondent.

)
)
)
)
)
)
)
)
)
)
)

for the DIstrict of Columbia

Civil Action No.

MEMORANDUM OPINION
This matter is before the Court on review of the petition, brought pro se, and application
to proceed in forma pauperis. The application will be granted and the case will be dismissed for
lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an
action "at any time" it determines that subject matter jurisdiction is wanting).
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).
Petitioner, a resident of Olongapo City, Philippines, has filed a "Petition to Amend
Certificate of Death as Likewise Motion to Have a Copy of Modified True-Certified Copy of the
Death Certificate." She seeks to compel such relief from a Texas agency. The federal courts
may compel federal officials to act under certain circumstances. See 28 U.S.C. § 1361. Such

authority does not extend to state officials or agencies. Petitioner's recourse lies, if at all, in the
Texas state court system. Because the petition presents neither a federal question nor a basis for
diversity jurisdiction, the case will be dismissed. A separate Order accompanies this
Memorandum Opinion.

United States District Judge
DATE: May!::J.-, 2011

2