Jones v. Whitney Bank

Filing 20

ORDER: because the plaintiff has not asserted facts sufficient to create federal subject matter jurisdiction under 28 U.S.C. Sec. 1331 or 1332, the Court grants dft's 18 motion to dismiss. Signed by Chief Judge Sarah S. Vance on 2/27/2012. (rll, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RAY R. JONES

CIVIL ACTION

VERSUS

NO: 11-686

WHITNEY BANK

SECTION: R
ORDER

Plaintiff Ray Jones filed a one sentence complaint alleging
that Whitney Bank would not let him open an account and
asserting, as his theory of liability, “whatever the law say[s]
for this.”1 Defendant Whitney Bank moved for dismissal on several
grounds, including lack of subject matter jurisdiction.2 This
Court “must dismiss the action if it finds that it lacks subject
matter jurisdiction[,]” Wolcott v. Sebelius, 635 F.3d 757, 762
(5th Cir. 2011); Fed. R. Civ. P. 12(h)(3). “The party asserting
jurisdiction bears the burden of proof on a 12(b)(1) motion to
dismiss.” Life Partners, Inc. v. United States, 650 F.3d 1026,

1

R. Doc. 3.

2

R. Doc. 18.

1029 (5th Cir. 2011). Because the plaintiff has not asserted
facts sufficient to create federal subject matter jurisdiction
under 28 U.S.C. §§ 1331 or 1332, the Court grants defendant’s
motion to dismiss.

New Orleans, Louisiana, this 27th day of February, 2012.
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_________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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