KEHOE v. TRUMP et al, No. 1:2019cv02495 - Document 2 (D.D.C. 2019)
Court Description: MEMORANDUM OPINION dismissing sua sponte Plaintiff's PETITION for writ of habeas corpus, Dkt. 1 , for lack of subject-matter jurisdiction. A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 08/26/2019. (lcrdm2, )
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANNE KEHOE, Plaintiff, No. 19-CV-2495 (RDM) v. DONALD J. TRUMP, et al., Defendants. MEMORANDUM OPINION Anne Marie Kehoe, purports to petition for a writ of habeas corpus on behalf of Kirstjen Nielsen. It is well-established, however, that a litigant may assert only her own legal rights and interests and cannot rest a claim to relief on the legal rights or interests of third parties, except in unusual circumstances not present here. See Singleton v. Wulff, 428 U.S. 106, 113–14 (1976); Warth v. Seldin, 422 U.S. 490, 499 (1975). In her petition, Kehoe alleges no facts suggesting that she has standing to proceed on behalf of Kirstjen Nielsen or that she has a personal stake in the case. She has, therefore, failed to satisfy a threshold jursidictional requirement for pursuing this legal action. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992) (opining that “[a]t the pleading stage, general factual allegations of injury resulting from the defendant’s conduct may suffice” to establish federal jurisdiction). The Court will, accordingly, dismiss the action sua sponte for lack of subject-matter jurisdiction. A separate order will issue. /s/ Randolph D. Moss RANDOLPH D. MOSS United States District Judge Date: August 26, 2019
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