CEASAR v. CARNIGIE INSTITUTE/THEATER et al
Filing
3
MEMORANDUM OPINION Signed by Judge Richard W. Roberts on 5/21/2012. (ls, )
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FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Maurice Ceasar,
Plaintiff,
v.
Carnigie Institute/Theatre et a!.,
Defendants.
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Civil Action No.
JUN 1 1 2012
Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
12 0959
MEMORANDUM OPINION
This matter is before the Court on plaintiffs prose complaint and application to proceed
in forma pauperis. The Court will grant plaintiffs application and dismiss the complaint for lack
of subject matter jurisdiction.
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). Failure to
plead such facts warrants dismissal of the action. See Fed. R. Civ. P. 12(h)(3).
Plaintiff is an inmate at the District of Columbia Jail. He sues a private entity in the
District of Columbia, its receptionist whom he does not name, and eight unnamed contract
painters purportedly under 42 U.S.C. § 1983 "for Deprivation-Criminal Assault With Reckless
Intents, Assaults to Cause Bodily Harm (Also) Violation of Due Process of Law, Abuse of
Authority." Compl. at 1. Plaintiff seeks equitable relief and $500,000 in damages. !d. at 18.
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The complaint does not present a federal question because § 1983 applies only to "person[ s] who
[act], under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory
or the District of Columbia," which is not pleaded here. 1 The complaint does not assert or plead
facts reflecting diversity jurisdiction. A separate Order of dismissal accompanies this
Memorandum Opinion.
Date: May
_JJ_, 2012
United States District Judge
1
Judicial notice is taken of the fact that the address plaintiff has listed for the defendants
is that of the Carnegie Institution for Science, which is not a governmental entity. See http://
carnegiescience.edu.
2
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