Soto v. Kalatzes et al, No. 2:2021cv00223 - Document 9 (D. Utah 2021)
Court Description: MEMORANDUM DECISION AND ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Ted Stewart on 6/8/2021. (reb)
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Soto v. Kalatzes et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION ELESHA SOTO, MEMORANDUM DECISION AND ORDER OF DISMISSAL WITHOUT PREJUDICE Plaintiff, v. TARA KALATZES and GUS KALATZES, Case No. 2:21-CV-223-TS-JCB District Judge Ted Stewart Defendants. Plaintiff brings this complaint pro se against Defendants for events related to the lease of a property in Price, Utah. For the following reasons, the Court will dismiss the complaint sua sponte for lack of subject matter jurisdiction. 1 This Court can only hear cases with federal question jurisdiction—where the action arises under federal laws 2—or diversity jurisdiction—where the controversy is between citizens of different states and the amount in controversy exceeds $75,000. 3 Here, the complaint only alleges state-law claims, Plaintiff and Defendants are all citizens of Utah, and the amount in controversy is $25,000. Thus, there is no federal question or diversity jurisdiction. Based on those defects, Plaintiff’s complaint is DISMISSED without prejudice for lack of subject matter jurisdiction. 1 City of Albuquerque v. Soto Enters., Inc., 864 F.3d 1089, 1093 (10th Cir. 2017) (“[T]he district courts have an independent obligation to address their own subject-matter jurisdiction and can dismiss actions sua sponte for lack of subject-matter jurisdiction.”). 2 28 U.S.C. § 1331. 3 Id. § 1332. 1 Dockets.Justia.com DATED June 8, 2021. BY THE COURT: ________________________________________ TED STEWART United States District Judge 2
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