JONES v. FORMAN, 3:11-cv-199-DPM. (2012)
Court: District Court, E.D. Arkansas
Number: infdco20120126580
Visitors: 14
Filed: Jan. 23, 2012
Latest Update: Jan. 23, 2012
Summary: ORDER D.P. MARSHALL Jr., District Judge. Jones's complaint is dismissed for want of subject-matter jurisdiction. The pedestrian/vehicle accident in the Jonesboro City Cemetery does not present a federal question. E.g., Russell v. Hennepin County, 420 F.3d 841 , 846 (8th Cir. 2005). And because the driver and the pedestrian are both Arkansas residents, no diversity of citizenship exists. 28 U.S.C. 1332(a). Jones alleges that Jonesboro police officer Doug Forman did a shoddy investigation,
Summary: ORDER D.P. MARSHALL Jr., District Judge. Jones's complaint is dismissed for want of subject-matter jurisdiction. The pedestrian/vehicle accident in the Jonesboro City Cemetery does not present a federal question. E.g., Russell v. Hennepin County, 420 F.3d 841 , 846 (8th Cir. 2005). And because the driver and the pedestrian are both Arkansas residents, no diversity of citizenship exists. 28 U.S.C. 1332(a). Jones alleges that Jonesboro police officer Doug Forman did a shoddy investigation, ..
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ORDER
D.P. MARSHALL Jr., District Judge.
Jones's complaint is dismissed for want of subject-matter jurisdiction. The pedestrian/vehicle accident in the Jonesboro City Cemetery does not present a federal question. E.g., Russell v. Hennepin County, 420 F.3d 841, 846 (8th Cir. 2005). And because the driver and the pedestrian are both Arkansas residents, no diversity of citizenship exists. 28 U.S.C. § 1332(a). Jones alleges that Jonesboro police officer Doug Forman did a shoddy investigation, Document No.1, at 7, and thereby deprived Jones of his constitutional rights to equal protection of the laws and due process, Document No.8, at 2-3. This constitutional allegation, even supplemented by the Jones's statements against dismissal, is too thin on supporting facts to survive the motion to dismiss. The Court agrees, all material things considered, that this dispute belongs in state court. Motion to dismiss, Document No.4, granted. Motion to appoint counsel, Document No. 10, denied as moot.
So Ordered.
Source: Leagle
