Conecuh River Timber Co., LLC v. BAR Forest Products, LLC et al
ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until November 4, 2011, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 10/27/2011. (jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CONECUH RIVER TIMBER CO.,
BAR FOREST PRODUCTS, LLC;
CIVIL ACTION NO.
The allegations must show that
the citizenship of each plaintiff is different from that
of each defendant.
28 U.S.C. § 1332.
standard. The complaint gives the "residence" rather than
the "citizenship" of defendants Tracy Baggett and Jeremy
An allegation that a party is a "resident" of a
State is not sufficient to establish that a party is a
"citizen" of that State.
Delome v. Union Barge Line Co.,
444 F.2d 225, 233 (5th Cir.), cert. denied, 404 U.S. 995
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until November 4, 2011, to
amend the complaint to allege jurisdiction sufficiently;
DONE, this the 27th day of October, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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