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In Matter of Russel-Jay
Opinion
04-C-108-C
March 29, 2004
ORDER
BARBARA CRABB, Chief Judge, District
Plaintiff Russell-Jay: Gould has paid a $150 filing fee and filed a number of documents apparently intended to constitute a proposed civil complaint. Upon review of plaintiff's complaint, I conclude that it should be dismissed forthwith on the court's own motion for lack of subject matter jurisdiction.
A district court may dismiss a complaint for lack of subject matter jurisdiction on its own motion where the claims are "so insubstantial, implausible, foreclosed by prior decisions of [the United States Supreme Court], or otherwise completely devoid of merit as not to involve a federal controversy." Steel Company v. Citizens for a Better Environment, 118 S.Ct. 1003, 1010 (1998) (citing Oneida Indian Nation of N.Y. v. County of Oneida, 414 U.S. 661, 666 (1974)).
In what appears to be the primary pleading captioned "GLOBAL-POSTAL-UNION-TREATY. FOR THIS CLAIM OF THIS MARRIAGE-UNION IS WITH THIS TREATY OF THIS FEE WITH THIS TERRITORY OF THIS NORTH-CAROLINA, DI-STRICT OF THE COLUMBIA AND DI-STRICT-COURT/PORT WITH THESE UNITY-STATES OF OUR WORLD, plaintiff makes nonsensical conclusory statements. There are no factual allegations from which an inference might be drawn that plaintiff's rights have been violated under federal law or the United States Constitution, or that plaintiffs' rights under state law have been violated by defendants who reside in a state other than the same state in which the plaintiff resides. Indeed, there are no factual allegations at all.
Because nothing in plaintiffs' pleading permits an inference to be drawn that there exists a case or controversy over which this court might have jurisdiction, the complaint will be dismissed on the court's own motion for lack of jurisdiction.
ORDER
IT IS ORDERED that on the court's own motion this case is DISMISSED for lack of jurisdiction.
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