Baker v. Pruitt

Filing 7

MEMORANDUM AND ORDER, re: jurisdiction defect. Amended complaint due by 5/5/2015. Signed by Judge J. Phil Gilbert on 4/23/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALLEN BAKER,
Plaintiff,
v.

Case No. 15-207 JPG/PMF

DELBERT KEITH PRUITT
Defendant.
MEMORANDUM AND ORDER
In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497
F.3d 695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of
pleadings to ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend,
559 U.S. 77, 94 (2010) (noting courts’ “independent obligation to determine whether
subject-matter jurisdiction exists, even when no party challenges it”). The Court has noted
the following defects in the jurisdictional allegations of the Complaint (Doc. 1) filed by
plaintiff Allen Baker:
Failure to allege the citizenship of an individual. A complaint asserting diversity
jurisdiction must allege the citizenship of an individual defendant, not merely
residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah’s East Chicago Casino,
299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d 998, 1000 (7th Cir.
1998). Allegations of “residence” are jurisdictionally insufficient. Steigleder v.
McQuesten, 198 U.S. 141 (1905). Dismissal is appropriate where parties allege
residence but not citizenship. Held, 137 F.3d at 1000. Complaint alleges residence
but not citizenship of plaintiff, Allen Baker and defendant Delbert Keith Pruitt.
The Court hereby ORDERS that plaintiff Allen Baker shall have up to and
including May 5, 2015 to amend the faulty pleading to correct the jurisdictional
defect. See 28 U.S.C. § 1653. Failure to amend the faulty pleading may result in dismissal
of this case for lack of subject matter jurisdiction. Amendment of the faulty pleading to

reflect an adequate basis for subject matter jurisdiction will satisfy this order. Plaintiff
Allen Baker is directed to consult Local Rule 15.1 regarding amended pleadings and need
not seek leave of Court to file such amended pleading.

IT IS SO ORDERED.
DATED: April 23, 2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE