Ghost Bear v. South Dakota Department of Corrections et al

Filing 26

ORDER Dismissing 1 COMPLAINT. Signed by U. S. District Judge Jeffrey L. Viken on 1/13/09. (SST)

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION ROBERT J. GHOST BEAR, Plaintiff, vs. SOUTH DAKOTA DEPARTMENT OF CORRECTIONS, Employees; SOUTH DAKOTA DEPARTMENT OF HEALTH, Employees; DIAMOND PHARMACY SERVICES, Employees; TIM REISCH, Secretary for South Dakota Department of Corrections; DOUGLAS WEBER, Warden for South Dakota Department of Corrections, Defendants. ORDER

FILED

JAN 13 2010

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CIV. 09-5089-JLV

Upon further review of the pleadings the court finds that the plaintiff asserts jurisdiction based upon diversity of citizenship. (Docket 1). The court also finds that plaintiff has a separately filed action, Civ. 09-5094, wherein most, if not all, of the same claims asserted in this present action are asserted and in which an answer has been filed on behalf of the defendants. Pursuant to 28 U.S.C. § 1332(a) the court finds that there is not a complete diversity of citizenship between the parties and that this court lacks jurisdiction to proceed, now therefore, it is hereby ORDERED that plaintiff's complaint (Docket 1) be and the same is

h e r e b y dismissed, without prejudice. Dated January 13, 2010. BY THE COURT:

JEFFRE~

/ UNITED STA ES DISTRICT JUDGE

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