OPINION AND ORDER DISMISSING MATTER Signed by District Judge Gerald E. Rosen. (JOwe)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
IN RE MICHAEL RAJIRI EL-JABAZWE
Case No. 14-mc-51004
Hon. Gerald E. Rosen
OPINION AND ORDER DISMISSING MATTER
Petitioner Michael Rajiri El-Jabazwe has commenced this miscellaneous
action to “change his family name from ‘El-Jabazwe’ to ‘El-Raneb.’” (Dkt. #1, at
1). He has done so in order to “reclaim one of his indigenous heritage group of
family names and reclaim one of his title of nobility affixes pursuant to the
‘Journal of the House of Representatives of the Commonwealth of Pennsylvania
for the Session Begun at Harrisburg on the Third Day of January, 1933, Part IV,
Having reviewed Petitioner’s filing, the Court has
determined that federal subject matter jurisdiction is lacking.
The federal courts are courts of limited jurisdiction; they have only such
jurisdiction as is defined by Article III of the United States Constitution and
granted by Congress. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S.
375, 377 (1994); Fisher v. Peters, 249 F.3d 433, 444 (6th Cir. 2001). As provided
in 28 U.S.C. §§ 1331 and 1332, federal courts have jurisdiction (1) over civil
actions arising under the Constitution, laws, or treaties of the United States, 28
U.S.C. § 1331 (“federal question jurisdiction”), and (2) over civil actions between
completely diverse parties where the matter in controversy exceeds the sum or
value of $75,000, 28 U.S.C. § 1332 (“diversity jurisdiction”). Federal courts have
a duty to consider their subject matter jurisdiction in regard to every case and may
raise the issue sua sponte. See In re Lewis, 398 F.3d 735, 739 (6th Cir. 2005).
Additionally, Federal Rule of Civil Procedure 12(h)(3) requires the Court to
dismiss an action if, at any time, it determines it lacks subject matter jurisdiction
over the action. See Fed. R. Civ. P. 12(h)(3).
Here, Petitioner neither raises a federal cause of action nor asserts a state
cause of action involving diverse parties that exceeds $75,000.
therefore lacks subject matter jurisdiction.
For all of the foregoing reasons,
IT IS HEREBY ORDERED that this matter is dismissed for lack of subject
IT IS SO ORDERED.
Dated: August 12, 2014
s/Gerald E. Rosen
Chief, Judge, United States District Court
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on August 12, 2014, by electronic and/or ordinary mail.
Case Manager, (313) 234-5135
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