Pettigrew v. Tryon

Filing 11

ORDER AND OPINION The complaint is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction re 8 Motion. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/1/2017.(sshe, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Jeremy Pettigrew,
Plaintiff,
V.

Sarah Tryon,
Defendant.

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Civil Action No. 2: 17-2797-RMG

ORDER AND OPINION

This matter is before the Court on Defendant's unopposed motion to dismiss for lack of
subject-matter jurisdiction. Plaintiff alleges that he was riding his bicycle when Defendant struck
him while pulling out of a parking space in Columbia, South Carolina. Plaintiff alleges that he is
a citizen of South Carolina, that Defendant is a citizen of "one of these United States," and that
this Court has diversity jurisdiction over this action. (Dkt. No. 1 ~~ 3-4.) In her motion to dismiss,
Defendant argues that she is a citizen of South Carolina and that, since both parties are citizens of
South Carolina, diversity jurisdiction does not exist over this action. (Dkt. No. 8.) Plaintiff has
not opposed Defendant's motion to dismiss. Further, Plaintiff fails even to allege that Defendant
is a citizen of a state other than South Carolina.

The complaint therefore is DISMISSED

WITHOUT PREJUDICE for lack of subject-matter jurisdiction.
AND IT IS SO ORDERED.

United States District Court Judge

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N~vimtbc1 _f, 201 7
Charleston, South Carolina

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