Corbett et al v. Armstrong et al

Filing 13

ORDER: The allegations of the notice of removal are insufficient to invoke this court's removal jurisdiction under 28 U.S.C. 1332 (diversity of citizenship) and 1441 (removal). It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing parties having until 12/1/2022, to amend the notice of removal to allege jurisdiction sufficiently, 28 U.S.C. 1653; otherwise this lawsuit shall be remanded to state court. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
HUBERT BERTRAM CORBETT and )
BRENDA HOVEY CORBETT,
)
)
Plaintiffs,
)
)
v.
)
)
STEVEN CLARENCE ARMSTRONG, )
an individual; and GEORGIA )
)
POWER COMPANY, a foreign
)
corporation,
)
Defendants.
)

CIVIL ACTION NO.
3:22cv633-MHT
(WO)

ORDER
The

allegations

insufficient

to

jurisdiction

under

citizenship)

and

of

the

invoke
28

1441

notice
this

U.S.C.

of

court’s

§§ 1332

(removal).

removal

To

are

removal

(diversity
invoke

of

removal

jurisdiction based on diversity, the notice of removal
must distinctly and affirmatively allege each party's
citizenship.
F.

2d

653,

allegations

McGovern v. American Airlines, Inc., 511
654
must

(5th
show

Cir.
that

1975)
the

(per

curiam).

citizenship

of

The
each

plaintiff is different from that of each defendant.

28

U.S.C. § 1332.
The notice of removal fails to meet this standard.
The

notice

gives

the

“residence”

rather

than

the

“citizenship” of defendant Steven Clarence Armstrong.
An allegation that a party is a “resident” of a State
is

not

sufficient

to

establish

“citizen” of that State.

that

a

party

is

a

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 removing parties have until December
1,

2022,

to

amend

the

notice

of

removal

to

allege

jurisdiction sufficiently, 28 U.S.C. § 1653; otherwise
this lawsuit shall be remanded to state court.
DONE, this the 17th day of November, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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