Austin v. Kramolinski et al

Filing 8

ORDER dismissing without prejudice plaintiff's complaint. Plaintiff allowed to August 26, 2015 to file amended complaint. See Order for details. Signed by Judge David R. Herndon on 8/12/15. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PHILIP AUSTIN,
Plaintiff
v.

No. 15-0866-DRH

RENDA WEST,
VENTSISLAV KRAMOLINSKI,
and IMG TRUCKING, INC.,
Defendants.

MEMORANDUM and ORDER

HERNDON, District Judge:
On August 6, 2015, plaintiff filed suit against defendants based on diversity
jurisdiction, 28 U.S.C. § 1332 (Doc. 1). However, a review of the complaint reveals
that plaintiff alleged residency rather than citizenship in his complaint.
“[R]esidence and citizenship are not synonyms and it is the latter that matters for
purposes of the diversity jurisdiction.” Meyerson v. Harrah's E. Chicago Casino,
299 F.3d 616, 617 (7th Cir. 2002).

See also Tylka v. Gerber Prods. Co., 211 F.3d

445, 448 (7th Cir. 2000) (“[A]llegations of residence are insufficient to establish
diversity jurisdiction.”); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998) (same).
Thus, the Court DISMISSES without prejudice plaintiff’s complaint. The Court
ALLOWS plaintiff up to and including August 26, 2015 to file an amended
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complaint that comports with this Order.
IT IS SO ORDERED.

Digitally signed by
David R. Herndon
Date: 2015.08.12
10:56:02 -05'00'

Signed this 12th day of August, 2015.

United States District Judge

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