Porter v. Spann

Filing 5

ORDER granting 4 Motion to Dismiss for Lack of Jurisdiction. This lawsuit is dismissed without prejudice for lact of jurisdiction. Signed by Chief District Judge Louis Guirola, Jr. on 3/22/16. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
PHILLIP ANTHONY PORTER

PLAINTIFF

v.

CAUSE NO. 1:16CV15-LG-RHW

FRANK SPANN

DEFENDANT
ORDER GRANTING MOTION TO
DISMISS FOR LACK OF JURISDICTION

BEFORE THE COURT is the Motion to Dismiss for Lack of Jurisdiction [4]
filed by the defendant Frank Spann. The plaintiff Phillip Anthony Porter has not
filed a response in opposition to the Motion. After reviewing the Motion, the record
in this matter, and the applicable law, the Court finds that the Motion to Dismiss
should be granted.
DISCUSSION
Porter alleges that his adjacent neighbor Spann committed a trespass by
“cutting timber, removing vegetation, and altering the physical and topographical
makeup of Plaintiff’s property,” which is located in Greene County, Mississippi.
(Compl. at 2, ECF No. 1). Porter also alleges that Spann’s actions constituted
negligence. (Id. at 3). In his Complaint, Porter alleges that he is a citizen of
Alabama and that Spann is a citizen of Mississippi. (Id. at 1). However, Spann has
filed the present Motion to Dismiss for Lack of Jurisdiction, asserting that diversity
of citizenship is lacking because Spann is actually a resident of Alabama. Porter
has not filed a response to the Motion to Dismiss or otherwise disputed that Spann
is actually a resident of Alabama.

28 U.S.C. § 1332 confers federal diversity jurisdiction over civil actions where
the matter in controversy exceeds the sum or value of $75,000, exclusive of interest
and costs, and the civil action is between citizens of different states. Since the
parties do not currently dispute that Spann and Porter are both residents of
Alabama, diversity jurisdiction does not exist, and this lawsuit must be dismissed
for lack of jurisdiction.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion to
Dismiss for Lack of Jurisdiction [4] filed by the defendant Frank Spann is
GRANTED. This lawsuit is DISMISSED WITHOUT PREJUDICE for lack of
jurisdiction.
SO ORDERED AND ADJUDGED this the 22nd day of March, 2016.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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