Zhou v. Bradford

Filing 6

MEMORANDUM OPINION & ORDER: 1) The 1 complaint is DISMISSED WITHOUT PREJUDICE. 2) Matter is STRICKEN from the active docket. Signed by Judge Joseph M. Hood on 7/7/2016.(SCD)cc: Pro Se Pla via US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
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SHIHAN ZHOU,
Plaintiff,
v.
CAITLYN BRADFORD,
Defendant.
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Civil No. 5: 16-252-JMH

MEMORANDUM OPINION
AND ORDER

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Shihan Zhou is a resident of Lexington, Kentucky.

Proceeding

without counsel, Zhou has filed a civil complaint alleging that
Caitlyn Bradford, her roommate in a shared apartment in Lexington,
Kentucky, harassed her in June and July 2016 by playing loud music
at night and encouraging her guests to engage in thinly-veiled
intimidation.

Zhou seeks $2500.00 in damages.

[R. 1]

The Court

has waived payment of the filing fee by separate Order.
The

Court

must

dismiss

this

action,

without

prejudice,

because Zhou has filed her complaint in the wrong court. The Court
has a continuing duty to satisfy itself that it possesses subject
matter jurisdiction over the plaintiff’s claims, and accordingly
may raise the issue at any time during the course of an action.
Fed. R. Civ. P. 12(b)(1), 12(h)(3); Franzel v. Kerr Mfg. Co., 959
F.2d 628, 630 (6th Cir. 1992).

Here, Zhou indicates her belief

that this Court is the proper one for her claims because:
District Court is the court of limited jurisdiction and
handles juvenile matters, city and county ordinances,
misdemeanors, violations, traffic offenses, probate of

wills, arraignments, felony probable cause hearings,
small claims involving $2,500 or less, civil cases
involving $5,000 or less, voluntary and involuntary
mental commitments and cases relating to domestic
violence and abuse.
[R. 1 at p. 1]

This summary paraphrases the jurisdictional reach

of district courts created by the Commonwealth of Kentucky.
Ky. Rev. Stat. 24A.010, .110-.130.

See

This Court, however, is the

United States District Court for the Eastern District of Kentucky,
a federal district court created by the United States.

The Court

lacks subject matter jurisdiction over Zhou’s claims because they
do not present a federal question under 28 U.S.C. § 1331, and
diversity jurisdiction is not present under 28 U.S.C. § 1332
because the plaintiff and defendant are not of diverse citizenship
nor do the damages requested exceed $75,000.00.
The Court must therefore dismiss the complaint and close this
case.
file

This dismissal is without prejudice to Zhou’s right to reher

complaint

in

the

proper

court,

or

if

she

deems

appropriate, to seek assistance from police or campus authorities.
Accordingly, IT IS ORDERED that:
1.

The complaint [R. 1] is DISMISSED WITHOUT PREJUDICE.

2.

This matter is STRICKEN from the active docket.

This 7th day of July, 2016.