Gyllenhaal v. Swift

Filing 3

ORDER: Clerk will file the complaint in forma pauperis. This action is hereby DISMISSED for lack of subject matter jurisdiction. Entry of this order shall constitute the judgment in this action. Signed by District Judge Aleta A. Trauger on 11/26/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JOHN MAYER GYLLENHAAL
Plaintiff,
v.
TAYLOR ALISON SWIFT
Defendant.

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No. 3:12-1145
Judge Trauger

O R D E R
The Court has before it a pro se complaint (Docket Entry No.1)
and an application to proceed in forma pauperis (Docket Entry
No.2).
The plaintiff is a resident of Nashville. It appears from the
application that he lacks sufficient financial resources to pay for
the costs of the action. Therefore, the Clerk will file the
complaint in forma pauperis. 28 U.S.C. § 1915(a). However, process
shall NOT issue.
The plaintiff alleges that he witnessed the defendant, a
country music celebrity, having sex with several individuals,
including the President in the Oval Office. He further claims that
the defendant assaulted him and stole his American Express credit
card. Finally, the plaintiff alleges that the defendant gave him
genital herpes.
Before a lawsuit can proceed, the plaintiff must show that his

claims

fall

within

the

scope

of

this

Court’s

subject

matter

jurisdiction. Perkins, Inc. v. Werner and Pfleiderer Corp., 710
F.2d 1561, 1565 (D.C. Cir.1983). This Court has jurisdiction to
adjudicate claims involving a federal question, 28 U.S.C. § 1331,
or claims involving parties with diversity of citizenship. 28
U.S.C. § 1332.
In this case, the plaintiff asserts that the Court has federal
question jurisdiction over his claims. The plaintiff’s allegations,
however, do not rise to the level of a federal question. A district
court is obliged to consider matters of jurisdiction, sua sponte if
necessary. Hadley v. Werner, 753 F.2d 514, 516 (6th Cir.1985). Here,
the plaintiff has failed to show that his claims fall within the
scope of this Court’s jurisdiction.
Accordingly, this action is hereby DISMISSED for lack of
subject matter jurisdiction. Rule 12(h)(3), Fed. R. Civ. P.
Entry of this order shall constitute the judgment in this
action.
It is so ORDERED.

________________________________
Aleta A. Trauger
United States District Judge