Alexander v. Robinson et al
Filing
29
ORDER: Granting Defendants' Motion to Dismiss Case for Lack of Jurisdiction without prejudice to plaintiff right to pursue his claims in state court 12 . Signed on 5/5/2011 by Chief Judge Ann L. Aiken. (lg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION
EMERYS JULIAN ALEXANDER,
Plaintiff,
Civil No. 10 6371-AA
v.
ORDER
DAVID ROBINSON, et al.,
Defendants.
AIKEN, District Judge.
Plaintiff
filed
a
complaint
alleging
that
he
was
battered, assaulted, physically and sexually abused, raped and
sodomized by
defendants.
The
abuse
is
alleged
to
have
occurred.\\around the year 1978, give or take" when plaintiff
was "approximately 7 years old." Complaint (2) p. 2.
Federal jurisdiction is invoked on the basis of diversity
of citizenship under 28 U.S.C.
§
1332.
Defendants have filed a motion to dismiss on the grounds
of "lack of subject matter jurisdiction because there is not
complete diversity.
Motion to Dismiss (#12)
I
p. 1.
In order to establish diversity jurisdiction under 28
1 - ORDER
U.S.C.
1332(a} (1)
§
the
party
invoking
jurisdiction must
demonstrate that all defendants are domiciled in states other
than the state in which the plaintiff is domiciled.
797 F.2d 747,
(9 th Cir. 1986)
casino Enterprises,
548 F.3d 718,
Moss,
person is
'domiciled'
established a
place,
and
in a
see also, Cook v. A VI
i
722
(9 th Cir.
to
2008).
"A
location where he or she has
'fixed habitation or abode
[intends]
Lew v.
remain
there
in a
particular
permanently
or
indefinitely." Lew, supra, at 749-50.
Plaintiff is an inmate in the custody of the Oregon
Department of Corrections and is incarcerated at the Oregon
State Penitentiary in Salem, Oregon.
"[d]efendant(s) reside in Florida."
Plaintiff alleges that
Complaint (#2) p. 1.
The Declaration of David Robinson (#21) indicates that he
was served with process in this action at his "residence at
2690 NE Roberts, Gresham, Oregon." Robertson Declaration (#21)
p. 1. The declaration further states:
3. I have an Oregon Drivers license and that the license
reflects an Oregon address.
4. I have automobile insurance that reflects my Oregon
address.
5.
My motor vehic
is registered in Oregon.
6. I am registered to attend Mt. Hood Community College
and I am paying in state tuition.
7. All of my personal property is in Oregon and I do not
have any real or personal property in Florida or any other
state.
8.
I have a serious health condition and my health
providers for that condition are in Oregon.
2 - ORDER
9.
All of my bills are mailed to me in Oregon.
10. I have established bank accounts in Oregon and do not
have any bank accounts in Florida.
11.
resident.
I filed my 2009 and 2010 tax returns as an Oregon
Declaration of David Robinson (#21), p. 2.
Based on defendant Robinson's sworn statement attesting
to
the
above
indicies
of
domici
I
find
that
he
is
a
resident of and domiciled in the state of Oregon for purposes
of diversity jurisdiction.
Accordingly, there is a lack of
complete diversity of citizenship and defendants' Motion to
Dismiss
(#12)
is allowed.
lack of jurisdiction.
This proceeding is dismissed for
The dismissal is without prejudice to
plaintiff right to pursue his claims in state court.
IT IS SO ORDERED
DATED this
~ day of May, 2011.
.
C2w4~a.l
(J4 A
)
Ann Aiken
United State District Judge
3 - ORDER
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