Murphree v. Veteran's Administration of The United States

Filing 3

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 10/23/2013. (JLC)

FILED
2013 Oct-23 PM 03:47
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
WALTON C. MURPHREE, SR.,
Plaintiff,
v.
VETERAN’S ADMINISTRATION
OF THE UNITED STATES, et al,
Defendants.

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) Case No.: 4:13-MC-1746-VEH
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Memorandum Opinion
On October 7, 2013, the court ordered the plaintiff to “SHOW CAUSE no later
than October 20, 2013, why this matter should not be dismissed, without prejudice”
for the failure to demonstrate, among other things, that this court has subject matter
jurisdiction. (Doc. 2). To date, no response to the order has been filed.
“The party invoking the court’s jurisdiction bears the burden of proving, by a
preponderance of the evidence, facts supporting the existence of federal jurisdiction.”
McCormick v. Aderholt, 293 F.3d 1254, 1257 (11th Cir. 2002). Since the plaintiff has
not carried this burden, this action will be DISMISSED without prejudice.

DONE and ORDERED this 23rd day of October, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge

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