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,
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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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