1:26-cv-00161•Maxwell v. President of the United States of America
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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. Case 1:26-cv-00161-JL-AJ Document 3 Filed 03/19/26 Page 1 of 4
2 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 Case 1:26-cv-00161-JL-AJ Document 3 Filed 03/19/26 Page 2 of 4
3 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). Case 1:26-cv-00161-JL-AJ Document 3 Filed 03/19/26 Page 3 of 4
4 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 Case 1:26-cv-00161-JL-AJ Document 3 Filed 03/19/26 Page 4 of 4
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