Rosario v. Velez

Filing 8

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF WILLIAM ROSARIO No. 4:13-cv-517-DPM v. MANUAL ANTHONIO VELEZ dfb/a MAV Enterprises LLC DEFENDANT ORDER 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. ยงยง 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. So Ordered. D.P. Mar~hall Jr. United States District Judge 1 I Cj 5ep-k~ d-.Dl3

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