Ewing v. Surrogue

Filing 6

MEMORANDUM AND ORDER terminating case. Signed by District Judge Eric F. Melgren on 03/12/2014. Mailed to pro se party Madeline S. Ewing by regular mail. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MADELINE S. EWING

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Plaintiff,
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v.
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JACKIE SURROGUE,
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Defendant.
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______________________________)

Case No.: 14-2098-EFM

MEMORANDUM AND ORDER
Pro se plaintiff seeks to commence and proceed with her case without prepayment of fees
pursuant to 28 U.S.C. § 1915. The United States Magistrate Judge has filed a Report and
Recommendation recommending that the motion be denied, and the case dismissed for lack of
jurisdiction, noting that the case was filed under claim of diversity jurisdiction even though both
plaintiff and defendant are alleged to be citizens of Missouri. Plaintiff has filed an objection to
the Report and Recommendation, pleading both the merits of her claims for justice, and averring
that the events took place in Kansas City, Kansas. The later, the Court assumes, is designed to
address the jurisdictional deficiencies of a case brought claiming diversity jurisdiction when both
parties are from the same state.
Diversity jurisdiction does not concern itself with the location of the events at issue.
Such location is relevant to certain matters, but not to the existence of diversity jurisdiction.
That concept relates only to the parties residence, or citizenship, among the various states.
Because the parties here are both citizens of Missouri, their citizenship is not diverse. The Court
therefore lacks jurisdiction to hear this case.

IT IS THEREFORE ORDERED, that the Report and Recommendation (Doc. 4) is
ADOPTED, and this case therefore DISMISSED for lack of jurisdiction.
IT IS SO ORDERED.
Dated this 12th day of March, 2014.

ERIC F. MELGREN
UNITED STATES DISTRICT JUDGE

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