IVANOV v. UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MYKHAILO S. IVANOV, )
)
Plaintiff, )
)
v. ) Civil Action No. 25-2435 (UNA)
)
U.S.A., )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on the plaintiff’s application to proceed in forma pauperis
and pro se civil complaint. The application will be granted, and the complaint will be dismissed
for lack of subject matter jurisdiction.
“Article III of the United States Constitution limits the judicial power to deciding ‘Cases
and Controversies.’” In re Navy Chaplaincy, 534 F.3d 756, 759 (D.C. Cir. 2008) (quoting U.S.
Const. art. III, § 2), cert. denied, 556 U.S. 1167 (2009). “One element of the case-or-controversy
requirement is that plaintiffs must establish that they have standing to sue.” Comm. on Judiciary
of U.S. House of Representatives v. McGahn, 968 F.3d 755, 762 (D.C. Cir. 2020) (citations and
internal quotation marks omitted). A party has standing for purposes of Article III if he has “(1)
suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant,
and (3) that is likely to be redressed by a favorable judicial decision.” Id. at 763 (quoting Lujan v.
Defenders of Wildlife, 504 U.S. 555, 560 (1992)).
The plaintiff allegedly is the victim of sexual assault, domestic violence, and unspecified
hate crime. Compl. (ECF No. 1) at 4 (page numbers designated by CM/ECF). Even after having
been granted asylum in the United States in 2020, see generally id., Ex. (ECF No. 1-2), the plaintiff
allegedly has “a credible fear of persecution or torture in the U.S.A.” Id. at 4. Missing from the
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complaint are any factual allegations demonstrating that the plaintiff has sustained, or is likely to
sustain, an injury of any kind. Nor are there factual allegations that the defendant has committed,
or likely will commit, an action causing the plaintiff injury. Without such allegations, the plaintiff
does not establish standing, and, therefore, the Court lacks subject matter jurisdiction over his
claims.
An Order is issued separately.
/s/
ANA C. REYES
United States District Judge
DATE: December 31, 2025
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