BLOODWORTH v. IMERY'S KAOLIN COMPANY INC et al

Filing 4

ORDER: Proper subject matter jurisdiction has not been established. Accordingly, the Court ORDERS the Plaintiff to file an amended complaint that properly pleads federal subject matter jurisdiction no later than November 2, 2012. If the Plaintiff fails to properly amend the Complaint, the Court will dismiss the case for lack of subject matter jurisdiction. Ordered by Judge Marc Thomas Treadwell on 10/24/2012. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION EDWARD L. BLOODWORTH, Plaintiff, v. IMERY’S KAOLIN COMPANY, INC. and GLENN RAY CONSTRUCTION CO., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:12-cv-418 (MTT) ORDER The Complaint in this case was filed on October 22, 2012. (Doc. 1). The Court has reviewed the Complaint to determine whether the jurisdictional requirements in this case have been satisfied. See Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1261 (11th Cir. 2000). Federal courts are courts of limited jurisdiction, and federal subject matter jurisdiction can only be based upon either a question of federal law or diversity of citizenship. Id. at 1260-6; See 28 U.S.C. §§ 1331, 1332. After reviewing the Complaint, the Court has determined that the proper subject matter jurisdiction has not been established. Accordingly, the Court ORDERS the Plaintiff to file an amended complaint that properly pleads federal subject matter jurisdiction no later than November 2, 2012. If the Plaintiff fails to properly amend the Complaint, the Court will dismiss the case for lack of subject matter jurisdiction. SO ORDERED, this 24th day of October, 2012. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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