Maxwell v. President of the United States of America

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Mary Maxwell
v. Civ. No. 26-cv-161-JL-AJ
President Donald Trump
REPORT AND RECOMMENDATION
Pro se plaintiff Mary Maxwell has filed a complaint (Doc.
No. 1), naming President Donald Trump as the defendant. As Ms.
Maxwell has paid the filing fee, the matter is here to determine
if the court has subject matter jurisdiction over her claims.
See Fed. R. Civ. P. 12(h)(3); LR 4.3(d)(3). In conducting this
subject matter jurisdiction review, the court construes Ms.
Maxwell's pro se complaint liberally. See Erickson v. Pardus,
551 U.S. 89, 94 (2007) (per curiam).
BACKGROUND
The gist of Ms. Maxwell’s complaint is that the military
operation that President Trump recently initiated in Iran is
illegal and, that as a result, she fears for her own life and
the survival of her community. She invokes “the right to life as
secured by the US Constitution.” Compl. (Doc. No. 1) ¶ 9.
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DISCUSSION
The court lacks jurisdiction over Ms. Maxwell’s claim.
Under Article III of the United States Constitution, “the
Federal Judiciary is vested with the ‘Power’ to resolve not
questions and issues but ‘Cases’ and ‘Controversies.’” Ariz.
Christian Sch. Tuition Org. v. Winn, 563 U.S. 125, 132 (2011)
(quoting U.S. Const. art. III, § 2). “To state a case or
controversy under Article III, a plaintiff must establish
standing.” Id. at 133. A plaintiff “must present an injury that
is concrete, particularized, and actual or imminent; fairly
traceable to the defendant's challenged action; and redressable
by a favorable ruling,” to establish standing. See Horne v.
Flores, 557 U.S. 433, 445 (2009). “For an injury to be
‘particularized,’ it must ‘affect the plaintiff in a personal
and individual way.’” Spokeo, Inc. v. Robins, 578 U.S. 330, 339
(2016) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555,
560 n.1 (1992)). A “generalized interest of all citizens in
constitutional governance” does not suffice to confer standing.
Ariz. Christian Sch., 563 U.S. at 132 (quoting Schlesigner v.
Reservists Comm. to Stop the War, 418 U.S. 208, 217 (1974)).
“Injuries that are too ‘widely shared’ or are ‘comparable to the
common concern for obedience to law’ may fall into the category
of generalized grievances about the conduct of government.”
Lyman v. Baker, 954 F.3d 351, 361 (1st Cir. 2020) (quoting
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Becker v. Fed. Election Comm'n, 230 F.3d 381, 390 (1st Cir.
2000)).
Here, Ms. Maxwell does not identify a “particularized”
injury she suffered from President Trump's alleged misconduct.
Rather, she complains of harm to “her community” and to the
“right to live under a government that ensures separation of
powers.” Compl. (Doc. No. 1) ¶ 10. In addition, she calls upon
the judiciary for relief, as “the keeper of the supreme law of
the land.” Id. ¶ 12.
Ultimately, Ms. Maxwell claims “harm to [her] and every
citizen's interest in proper application of the Constitution and
laws.” Lujan, 504 U.S. at 573. This is not sufficient to
establish standing to bring this lawsuit. Therefore, this action
does not present a “case” or “controversy” over which this court
could exercise jurisdiction.
CONCLUSION
Based on the foregoing, the district judge should dismiss
this case based on lack of subject matter jurisdiction. Any
objections to this Report and Recommendation must be filed
within fourteen days of receipt of this notice. Fed. R. Civ. P.
72(b)(2). The fourteen-day period may be extended upon motion.
Failure to file any objection within the specified time waives
the right to appeal the district court’s Order. See Santos-
Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016).
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Only those issues raised in the written objections to this
Report and Recommendation “‘are subject to review in the
district court,’” and any issues “‘not preserved by such
objection are precluded on appeal.’” Id. (citations omitted).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
March 19, 2026
cc: Mary Macwell, pro se
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