Quinones v. Howard et al
ORDER that the plaintiff has until August 3, 2012, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 7/30/2012. (jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DIEGO M. QUINONES,
JESSICA ANN HOWARD and
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 the plaintiff and the two defendants.
An allegation that a party is a "resident" of a State is
not sufficient to establish that a party is a "citizen" of
Delome v. Union Barge Line Co., 444 F.2d 225,
233 (5th Cir.), cert. denied, 404 U.S. 995 (1971).
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until August 3, 2012, to
amend the complaint to allege jurisdiction sufficiently;
DONE, this the 30th day of July, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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