IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
MARY J. KNIGHT,
) CIVIL ACTION NO.
The allegations of the plaintiff's complaint are
insufficient to invoke this court's diversity-of-citizenship
jurisdiction. The allegations must show that the
citizenship of each plaintiff is different from that of each
defendant. 28 U.S.C.A. § 1332.
The plaintiff's complaint fails to meet this standard.
The complaint gives the "residence" rather than the
"citizenship" of plaintiff. An allegation that a party is
a "resident" of a State is not sufficient to establish that
a party is a "citizen" of that State. Delome v. Union Barge
Case 3:05-cv-00453-MHT-VPM Document 3 Filed 05/20/2005 Page 1 of 2
Knight v. Bayer Corporation
Line Co., 444 F.2d 225, 233 (5th Cir.), cert. denied, 404
U.S. 995, 92 S.Ct. 534 (1971).
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until May 27, 2005, to amend
the complaint to allege jurisdiction sufficiently; otherwise
this lawsuit shall be dismissed without prejudice.
DONE, this the 20th day of May, 2005.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Case 3:05-cv-00453-MHT-VPM Document 3 Filed 05/20/2005 Page 2 of 2