Mambula, Theo v. Missing and Exploitated Children (Agency)

Filing 9

ORDER dismissing this case for lack of subject-matter jurisdiction. The clerk of court is directed to enter judgment for defendant and close the case. Signed by District Judge James D. Peterson on 10/10/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

THEO ILUNGI MAMBULA,
Plaintiff,
v.
MISSING AND EXPLOITED CHILDREN (AGENCY),

ORDER
17-cv-966-jdp

Defendant.
Plaintiff Theo Ilungi Mambula, a Madison resident, filed this lawsuit naming “Missing
and Exploited Children (Agency)” as the defendant. I dismissed Mambula’s complaint under
Federal Rule of Civil Procedure 8 because I could not tell what entity he intended to sue or
how defendant harmed him. Dkt. 4.
Mambula responded by filing a letter providing more information, Dkt. 5, but I
concluded that it was still unclear whether this court has jurisdiction over his claims, Dkt. 6.
Mambula alleged that a Dane County agency or someone who worked for it harmed his
reputation by incorrectly communicating to others that he is a sex offender. At most he stated
a claim for defamation, which is a state-law claim that this federal court cannot hear unless the
requirements for the court’s diversity jurisdiction are met. I gave Mambula a final chance to
amend his complaint to explain whether those requirements are met, in particular his
citizenship and the amount in controversy. Id.
Now Mambula has responded, explaining that he is a United States citizen. See Dkt. 7,
at 3. But coupled with his earlier allegation that he is a Wisconsin citizen, Dkt. 1, at 1, his
newest supplement shows that the court does not have diversity jurisdiction here, because both

Mambula and the defendant agency are citizens of the same state. So I must dismiss the case.
If Mambula wishes to continue on with his lawsuit, he will have to file it in state court.

ORDER
IT IS ORDERED that this case is DISMISSED for lack of subject-matter jurisdiction.
The clerk of court is directed to enter judgment for defendant and close the case.
Entered October 10, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2