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, )

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