Blasingim et al v. Mitchell et al

Filing 10

ORDER DISMISSING CASE without prejudice for lack of jurisdiction. Signed by Judge David R. Herndon on 12/19/2014. (dsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BLASINGIM e t al .,
Plaintiffs,
vs.

No.

3:14-cv-1151-DRH-PMF

RENEE AVERIT et al.,
.
Defendants.
ORDER
HERNDON, District Judge:
This matter is before the Court on its own motion. This matter was filed in
the Western District of Kentucky on September 22, 2014 and transferred to this
Court on October 23, 2014. The plaintiffs assert a landlord tenant claim against
defendants. All parties are citizens of Illinois.
Federal Rule of Civil Procedure 12(h)(3) provides that “[i]f the court
determines at any time that it lacks subject-matter jurisdiction, the court must
dismiss the action.” Fed.R.Civ.P. 12(h)(3). “Subject-matter jurisdiction is so central
to the district court's power to issue any orders whatsoever that it may be inquired
into at any time, with or without a motion, by any party or by the court itself.” Craig

v. Ontario Corp., 543 F.3d 872, 875 (7th Cir. 2008). It's obvious from the face of the
complaint that complete diversity of citizenship is not present here. It is also
evident that federal-question jurisdiction does not exist.

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Accordingly, the matter is dismissed without prejudice and all pending
motions are denied as moot.
IT IS SO ORDERED.
Signed this 19th day of December, 2014.

Digitally signed by
David R. Herndon
Date: 2014.12.19
11:22:27 -06'00'
District Judge
United States District Court

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