Donald W. Park v. United States
Opinion
Trial Court Opinion
I.
BACKGROUND
On April 22, 2024, plaintiff Donald W. Park (“Plaintiff”), proceeding pro se, filed the instant Petition for Writ of Mandamus. ECF Docket No. (“Dkt.”) 1. Plaintiff seeks an order requiring defendant United States Secretary of the Navy, Carlos Del Toro (“Defendant”), to provide Plaintiff with an opportunity to appear at an in-person hearing before the Board for Correction of Naval Records. Id.
On May 24, 2024, the Court issued an Order to Show Cause why this action should not be dismissed for lack of subject matter jurisdiction. Dkt. 13. On June 6, 2024, Plaintiff filed a response to the Court’s May 24, 2024 Order to Show Cause. Dkts. 14-15.
II.
DISCUSSION
A. APPLICABLE LAW
Federal courts are courts of “limited jurisdiction” which “possess only that power authorized by Constitution and statute[.]” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Thus, federal courts “have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). “[W]hen a federal court concludes that it lacks subject-matter jurisdiction,…