Thomas v. Hinton et al
| Charles Thomas |
| Does 1 through 20, Diversicare at Lake Highlands and Jim Hinton |
| 3:2020cv00030 |
| January 6, 2020 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Torts/Pers Inj: Personal Injury - Medical Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice |
| Plaintiff |
Docket Report
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| Document Text |
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Wed Apr 15 09:16:06 CDT 2020 (crt) |
Filing 7
ORDER denying #6 Motion for Relief from the Judgment (Ordered by Judge Sam A. Lindsay on 4/14/2020) (svc)
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| Filing 6 Memorandum in Support of Motion for Relief from the Judgment filed by Charles Thomas re #5 Order of Dismissal or Administrative Closure. (axm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Jan 8 08:36:38 CST 2020 (crt) |
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Filing 5
ORDER: Plaintiff alleges in his Complaint that he and the named Defendants are citizens or residents of Texas. While he properly pled the citizenship of Mr. Hinton and Diversicare, complete diversity of citizenship between the parties is lacking. The court, therefore, determines that Plaintiff failed to meet its burden to establish that the court has diversity of citizenship jurisdiction. Additionally, as previously discussed, Plaintiff did not allege any facts supporting federal question jurisdiction. Accordingly, the court lacks subject matter jurisdiction over this action and determines that amendment to cure the jurisdictional deficiencies noted would be futile. The court, therefore, sua sponte dismisses without prejudice this action for lack of subject matter jurisdiction. (Ordered by Judge Sam A. Lindsay on 1/7/2020) (ctf)
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| Filing 4 Summons Issued as to Diversicare at Lake Highlands, Jim Hinton. (cdt) |
| Filing 3 COMPLAINT WITH JURY DEMAND against Diversicare at Lake Highlands, Does 1 through 20, Jim Hinton filed by Charles Thomas. (Filing fee $400.00; Receipt number 121384) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (cdt) |
| Filing 2 Notice and Instruction to Pro Se Party. (cdt) |
| Filing 1 New Case Notes: A filing fee has been paid. Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (cdt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Jan 6 16:16:36 CST 2020 (crt) |
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