Opinion

Cobb v. Gray

Court
District Court, District of Columbia
Filed
Jun 29, 2012
Status
Published
On the bench
Judge Rosemary M. Collyer
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

§*‘»"“;§§..ED

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UNITED STATES DISTRICT COURT ~Cie.~;<_` L;_;, \r;,;,i,,ur & Bm,(r,,ptcy

FOR THE DISTRICT OF COLUMBIA L\J¢.rft';» fm the Usstrict of C<)hzmbia

DONALD L. COBB, )

)

Plaintiff, )

)

v. ) Civil Action No. 1

) _

VINCENT C. GRAY, et al., )

)

Defendants. )

MEMORANDUM OPINION

This matter is before the Court on consideration of the plaintiff s application to proceed

informal pauperis and his pro se complaint. The application will be granted, and the complaint

will be dismissed.

Plaintiff brings this action against the current and two former Mayors of the District of

Columbia, current and former members of the Council of the District of Columbia, various

District of Columbia govemment employees, and members of the District of Columbia Board of

Professional Engineers, among other defendants, alleging irregularities in the administration of

the Principles and Practice of Engineering Examination on April ll, 2008. See Compl. at 2-3,

26-36.

F ederal district courts have jurisdiction in civil actions arising under the Constitution,

laws or treaties of the United States. See 28 U.S.C. § 133 l. Plaintiff purports to bring this action

under 15 U.S.C. § 45 et seq.. see Compl. at l, and thus asserts that his "claim involves a federal

question," z`d. at 12. The federal statute on which his claim relies, however, confers no private

right of action on an individual. See Halloway v. Bristol-Myers Corp., 485 F. 2d 986, 1002

(D.C. Cir. 1973); Karpojj’v. Holladay Corp., 377 A.Zd 52, 53-54 (D.C. 1977). Accordingly, the

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complaint and this action will be dismissed for lack of subject matter jurisdiction.l An Order

accompanies this l\/Iemorandum Opinion.

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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 ofdifferent states. See 28 U.S.C. § l332(a). Plaintiff may intend

to rely on diversity jurisdiction to bring claims against the State of California and employees of its Department of

Transportation. See Compl. at 5-l l, l5, 53-59. Although there appears to be diversity of citizenship between

plaintiff and the California defendants, this complaint does not demand damages in any amount_ such that diversity

jurisdiction is not shown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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