BAKER v. PRUITT, 15-207 JPG/PMF. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150424d54
Visitors: 16
Filed: Apr. 23, 2015
Latest Update: Apr. 23, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695 , 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (noting courts' "independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it"). The Court has not
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695 , 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (noting courts' "independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it"). The Court has note..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (noting courts' "independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it"). The Court has noted the following defects in the jurisdictional allegations of the Complaint (Doc. 1) filed by plaintiff Allen Baker:
Failure to allege the citizenship of an individual. A complaint asserting diversity jurisdiction must allege the citizenship of an individual defendant, not merely residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998). Allegations of "residence" are jurisdictionally insufficient. Steigleder v. McQuesten, 198 U.S. 141 (1905). Dismissal is appropriate where parties allege residence but not citizenship. Held, 137 F.3d at 1000. Complaint alleges residence but not citizenship of plaintiff, Allen Baker and defendant Delbert Keith Pruitt.
The Court hereby ORDERS that plaintiff Allen Baker shall have up to and including May 5, 2015 to amend the faulty pleading to correct the jurisdictional defect. See 28 U.S.C. § 1653. Failure to amend the faulty pleading may result in dismissal of this case for lack of subject matter jurisdiction. Amendment of the faulty pleading to reflect an adequate basis for subject matter jurisdiction will satisfy this order. Plaintiff Allen Baker is directed to consult Local Rule 15.1 regarding amended pleadings and need not seek leave of Court to file such amended pleading.
IT IS SO ORDERED.
Source: Leagle
