Blechinger v. VanPeursem

Filing 4

ORDER Dismissing Case. Signed by Chief Judge Karen E. Schreier on 11/29/2011. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ROBERT F. BLECHINGER,
Plaintiff,
vs.
KEVIN VANPEURSEM,
Defendant.

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Civ. 11-4139-KES

ORDER DENYING TEMPORARY
RESTRAINING ORDER
AND DISMISSING CASE

Plaintiff, Robert F. Blechinger, moves ex parte for a temporary
restraining order against defendant, Kevin VanPeursem. Blechinger seeks to
enjoin VanPeursem from evicting him from the apartment he rents from
VanPeursem, directing VanPeursem to restore the original locks to the door
on his apartment, and from taking any other adverse action against him.
Blechinger previously filed a related pro se civil lawsuit against Sioux
Falls Housing and Redevelopment Corporation. In that lawsuit, Blechinger
sought to have the housing subsidy he previously received through the
Department of Housing and Urban Development restored. Blechinger lost the
subsidy when an inspection of his apartment revealed that it was not sanitary
and thus did not satisfy the housing quality standards set forth in federal
regulations.
Federal courts are courts of limited jurisdiction. “The burden of
establishing that a cause of action lies within the limited jurisdiction of the

federal courts is on the party asserting jurisdiction[.]” Arkansas Blue Cross &
Blue Shield v. Little Rock Cardiology Clinic, 551 F.3d 812, 816 (8th Cir. 2009).
Blechinger has not shown any basis for federal question jurisdiction under 28
U.S.C. § 1331 or diversity jurisdiction under 28 U.S.C. § 1332. Thus, this
court lacks subject matter jurisdiction. Accordingly, it is
ORDERED that Blechinger’s ex parte motion for a temporary
restraining order (Docket 1) is denied and his case is dismissed without
prejudice for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P.
12(h)(3).
Dated November 29, 2011.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
CHIEF JUDGE

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