Narrative Opinion Summary
The court affirms the district court's order from December 8, 2008, dismissing the appellant's complaint without prejudice due to a lack of subject matter jurisdiction. The complaint fails to present a federal question as required under 28 U.S.C. § 1331 and does not involve a diversity of citizenship under 28 U.S.C. § 1332. This ruling is in accordance with D.C. Circuit Rule 36, indicating that it will not be published. The Clerk is instructed to delay the issuance of the mandate for seven days to allow for any timely petitions for rehearing or for rehearing en banc, as outlined in Fed. R. App. P. 41(b) and D.C. Cir. Rule 41.
Legal Issues Addressed
Diversity Jurisdiction under 28 U.S.C. § 1332subscribe to see similar legal issues
Application: The case was dismissed because it did not involve a diversity of citizenship, which is necessary for establishing jurisdiction under 28 U.S.C. § 1332.
Reasoning: The complaint... does not involve a diversity of citizenship under 28 U.S.C. § 1332.
Issuance of Mandate under Fed. R. App. P. 41(b) and D.C. Cir. Rule 41subscribe to see similar legal issues
Application: The Clerk is instructed to delay the issuance of the mandate for seven days to allow for potential petitions for rehearing.
Reasoning: The Clerk is instructed to delay the issuance of the mandate for seven days to allow for any timely petitions for rehearing or for rehearing en banc, as outlined in Fed. R. App. P. 41(b) and D.C. Cir. Rule 41.
Subject Matter Jurisdiction under 28 U.S.C. § 1331subscribe to see similar legal issues
Application: The appellant's complaint was dismissed due to a lack of subject matter jurisdiction as it failed to present a federal question.
Reasoning: The complaint fails to present a federal question as required under 28 U.S.C. § 1331.
Unpublished Opinion under D.C. Circuit Rule 36subscribe to see similar legal issues
Application: The court's decision to affirm the dismissal will not be published, in accordance with D.C. Circuit Rule 36.
Reasoning: This ruling is in accordance with D.C. Circuit Rule 36, indicating that it will not be published.