SWINTON v. DOUNG et al
| ELLIS J. SWINTON, SR. |
| LAN DOUNG, TRONG NGUYEN and LINH NGUYEN |
| 1:2024cv00153 |
| February 27, 2024 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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Filing 6
JUDGMENT for the reasons set forth in the Order filed contemporaneously with this Judgment, that this action is DISMISSED under 28 U.S.C. 1915(e)(2)(B)(i), due to the obvious failure of Plaintiff to establish subject matter jurisdiction. Signed by JUDGE WILLIAM L. OSTEEN, JR on 4/16/2024. (cb)
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Filing 5
ORDER adopting the Magistrate Judge's Text Recommendation, (Doc. Ent. 3/02/2024). FURTHER that this action is DISMISSED under 28 U.S.C. 1915(e)(2)(B)(i), due to the obvious failure of Plaintiff to establish subject matter jurisdiction. First, in Complaint, (Doc. #2 ), Plaintiff did not identify a basis for subject matter jurisdiction. Further, the addresses listed for the parties in the Complaint do not support jurisdiction based on diversity of citizenship. Finally, the claims described in the Complaint sound in state law, such that federal question jurisdiction does not exist. A Judgment dismissing this action will be entered contemporaneously with this Order. Signed by JUDGE WILLIAM L. OSTEEN, JR on 4/16/2024. (cb)
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| Filing 4 Notice of Mailing Recommendation. Objections to R&R due by 3/18/2024. Objections to R&R for Pro Se due by 3/21/2024. (sh) |
| TEXT ORDER terminating #1 Application to Proceed in District Court without Prepaying Fees or Costs, in light of the Text Recommendation of dismissal for want of subject matter jurisdiction entered this day. Issued by MAG/JUDGE L. PATRICK AULD on 03/02/2024. (AULD, L.) |
| TEXT RECOMMENDATION of dismissal under 28 U.S.C. s 1915(e)(2)(B)(i), due to the obvious failure of Plaintiff to establish subject matter jurisdiction. First, in #2 Complaint, Plaintiff did not identify a basis for subject matter jurisdiction. Further, the addresses listed for the parties in #2 Complaint do not support jurisdiction based on diversity of citizenship. Finally, the claims described in #2 Complaint sound in state law, such that federal question jurisdiction does not exist. Issued by MAG/JUDGE L. PATRICK AULD on 03/02/2024. (AULD, L.) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR. and MAG/JUDGE L. PATRICK AULD. (sh) |
| Motion Referred: RE: #1 APPLICATION to Proceed IFP to MAG/JUDGE L. PATRICK AULD. (sh) |
| Filing 3 CIVIL COVER SHEET. (cc) |
| Filing 2 COMPLAINT against LAN DOUNG, LINH NGUYEN, TRONG NGUYEN, filed by ELLIS J. SWINTON, SR. (Attachments: #1 Attachment)(cc) |
| Filing 1 APPLICATION to Proceed IFP by ELLIS J. SWINTON, SR. (cc) |
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