Benitez Caceres v. Narragansett Bay Commission
| Mirca Benitez Caceres |
| Narragansett Bay Commission |
| 1:2023cv00300 |
| July 17, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Real Property: Other |
| None |
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Filing 6
JUDGMENT. So Ordered by District Judge William E. Smith on 9/5/2023. (Urizandi, Nissheneyra)
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TEXT ORDER denying Plaintiffs' #5 Motion for Cancellation of Our International Credit for Mortgage and dismissing the action for lack of subject-matter jurisdiction. "Federal courts are courts of limited jurisdiction," Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994), meaning that this Court may only preside over certain types of cases. Generally, this Court has jurisdiction over two "types of cases: cases that 'arise under' federal law, 28 U.S.C. 1331, and in cases in which the amount in controversy exceeds $75,000 and there is diversity of citizenship among the parties, 28 U.S.C. 1332(a)." Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019). For there to be diversity of citizenship among the parties such that the Court has diversity jurisdiction, no plaintiff in a case can be a citizen of the same state as any defendant. Here, both Plaintiffs are citizens of Rhode Island, compl. 1, ECF No. 1, and Defendant is a Rhode Island organization, see R.I. Gen. Laws 46-25-1 et seq. See Watterson v. Page, 987 F.2d 1, 4 (1st Cir. 1993). Accordingly, Plaintiffs have failed to plead facts sufficient to invoke the Court's diversity jurisdiction. Further, despite the fact that Plaintiffs have designated this as a "federal question" case, compl. at 3, even reading the complaint liberally in view of Plaintiffs' pro se status, see Xiaoyan Tang v. Citizens Bank, N.A., 821 F.3d 206, 219 (1st Cir. 2016), Plaintiffs have not alleged, nor can the Court ascertain, any violations of the Constitution, laws, or treaties of the United States, and, therefore, Plaintiffs have failed to invoke the Court's federal question jurisdiction. Accordingly, Plaintiffs' #5 Motion for Cancellation is DENIED, and the case is DISMISSED for want of subject-matter jurisdiction. So Ordered by District Judge William E. Smith on 9/5/2023. (Urizandi, Nissheneyra)
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| Filing 5 MOTION for cancellation of our international credit for mortgage fra filed by Mirca Benitez Caceres. Responses due by 9/13/2023. (Attachments: #1 Exhibit)(Kenny, Meghan) |
| Filing 4 SUMMONS Returned Executed by Mirca Benitez Caceres. (DaCruz, Kayla) |
| Filing 3 Summons Issued as to Narragansett Bay Commission. (DaCruz, Kayla) |
| Filing 2 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00 receipt number 100000392 ), filed by Mirca Benitez Caceres. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summons)CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. (DaCruz, Kayla) Modified on 7/17/2023 to correct docket text (DaCruz, Kayla). |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number(s) 21cv327, 21cv360, 22cv97, 22cv231, 22cv382, 23cv32, 23cv133, 23cv207 based upon previously assigned cases to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (DaCruz, Kayla) |
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| Plaintiff: Mirca Benitez Caceres | |
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| Defendant: Narragansett Bay Commission | |
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