Taylor v. Jaffery et al

Filing 7

ORDER DISMISSING CASE without prejudice Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHELSEY TAYLOR,
Plaintiff,
Case No. 14-10908

v.
SABA JAFFERY, et al.,
Defendant.
/

ORDER OF DISMISSAL WITHOUT PREJUDICE
On March 28, 2014, the court issued a second order to show cause directing
Plaintiff to correct fatal jurisdictional deficiencies in her complaint. The court identified
several flaws in Plaintiff’s proposed amendment: she alleged the residency of individual
defendants, but the statute requires her to allege an individual’s state of citizenship; she
alleged that the corporate defendants are Ohio and Texas corporations, but did not
provide any allegations regarding their state of incorporation and principal place of
business. See 28 U.S.C. § 1332(a)(1), (c)(1). Regrettably, Plaintiff did not heed the
court’s very specific warnings, and filed an amended complaint that did not address or
correct the identified jurisdictional deficiencies.

A failure to

properly allege federal jurisdiction is fatal to a complaint. Kokkonen v. Guardian Life
Ins. Co. of Am., 511 U.S. 375, 377 (1994); Farmer v. Fisher, 386 F. App’x 554, 556–57
(6th Cir. 2010) (per curiam). “Without jurisdiction the court cannot proceed at all in any
cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only

function remaining to the court is that of announcing the fact and dismissing the cause.”
Ex parte McCardle, 74 U.S. 506, 514 (1868). Accordingly,
IT IS ORDERED that Plaintiff’s amended complaint [Dkt. # 6] is DISMISSED
WITHOUT PREJUDICE.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: March 31, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, March 31, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\14-10908.TAYLOR.OrderDismissLackJurisdiction.jac.wpd

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