Soles v. Kingsley et al (MAG+)

Filing 9

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 1/13/2015. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION TERRY L. SOLES, ) ) ) ) ) ) ) ) ) Plaintiff, v. MR. KINGSLEY, et al., Defendants. CIVIL ACTION NO. 1:14cv1041-MHT (WO) OPINION Plaintiff filed this lawsuit asserting that his insurance company exercised bad faith and his attorney committed malpractice in settling a claim stemming from a car accident in which plaintiff suffered a serious injury. the The current lawsuit is now before the court on recommendation of the United States Magistrate Judge that plaintiff’s case be dismissed for lack of subject-matter jurisdiction. Also before the court are plaintiff’s objections to the recommendation. After an independent and de novo review of the record, the court concludes that plaintiff’s objections should be overruled adopted. and the The magistrate court judge’s cannot recommendation exercise diversity jurisdiction unless the plaintiff is a citizen of a State different from that of each and every defendant. Here the plaintiff and two defendants are citizens of the same State, Alabama. Accordingly, plaintiff must file his lawsuit in state court. An appropriate judgment will be entered. DONE, this the 13th day of January, 2015. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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