Rosario v. Velez
ORDER DISMISSING CASE without prejudice and denying, as moot, 5 MOTION for Leave to Proceed in forma pauperis. Signed by Judge D. P. Marshall Jr. on 9/19/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MANUAL ANTHONIO VELEZ
dfb/a MAV Enterprises LLC
Rosario says Velez tricked him into investing his 401k money with
Velez, who then ran off with the funds. NQ 3. The case was filed in Texas, but
transferred here because venue there was bad. NQ 6. Rosario and Velez both
live in Arkansas, and everything Rosario alleges happened took place in
Arkansas too. The transfer cured the venue problem, but it didn't fix the
jurisdictional one: there's no diversity, and no federal law is implicated. 28
U.S.C. §§ 1331 & 1332. Rosario's complaint is therefore dismissed without
prejudice for lack of subject matter jurisdiction. He must proceed in an
Arkansas court. The IFP motion, NQ 5, is denied as moot.
D.P. Mar~hall Jr.
United States District Judge
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