CEASAR v. CARNEGIE INSTITUTE

1:12-cv-00758 | D.D.C. | Jun 26, 2012

Case 1:12-cv-OO758-UNA Document 5 Filed 06/26/12 Page 1 of 1 FILED UNITED STATES DISTRICT COURT JUN 2 5 29 l , 32 FOR 'I`HE DISTRICT OF COLUMBIA Clerl` S D. COU"'S fur ;h,j ile 8: Bf‘ @."Ir;mr; ;my ) O'C()i(lmb;€ -, MAURICE CEASAR, ) ) Plaintiff, ) ) v. ) Civil Action No. 12"+53 ) THE CARNEGIE INSTITUTE, et al., ) ) Defendants. ) ) MEMORANDUM OPINION This matter is before the Court on plaintiff s application to proceed in forma pauperis and his pro se complaint The Court will grant the application and dismiss the complaint Federal district courts have jurisdiction in civil actions arising under the Constitution, laws or treaties of the United States. See 28 U.S.C. § l33 l. ln addition, federal district courts have jurisdiction over civil actions where the matter in controversy exceeds $75,000, and the suit is between citizens of different states. See 28 U.S.C. § l332(a). Plaintiff purports to bring a civil rights claim against a private entity, and thus fails to present a federal question under 42 U.S.C. § 1983 because this provision applies only to “person[ s] who [act], under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia.” Id. Because all the parties are in the District of Columbia, plaintiff fails to establish diversity jurisdiction. Accordingly, the complaint will be dismissed for lack of subject matter jurisdiction An Order accompanies this Memorandum Opinion. DATE;ZZ /Z//Z/ E/C€ w §§ /Y/L/K/Q United States District Judge