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Diamond v. Ala. Dep't of Labor

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
Feb 3, 2020
CA 19-935-CG-MU (S.D. Ala. Feb. 3, 2020)

Opinion

CA 19-935-CG-MU

02-03-2020

COREY L. DIAMOND, Plaintiff, v. ALABAMA DEPARTMENT OF LABOR, Defendant.


JUDGMENT

In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff's Complaint be DISMISSED without prejudice, prior to service of process, because Plaintiff's Complaint fails to contain a short and plain statement of the basis of this Court's jurisdiction and fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). It is further ORDERED that Plaintiff is extended leave to file an amended complaint by not later than February 18, 2020, see Butler v. Morgan, 562 F. App'x 832, 835 (11th Cir. 2014) (finding that a district court must grant a plaintiff at least one opportunity to amend his complaint before dismissal, even if the plaintiff never seeks leave to amend, if it appears that the filing of an amended complaint might cure noted deficiencies); however, Plaintiff is specifically cautioned that he must supply additional information to satisfy this Court that it may exercise subject-matter jurisdiction and that he has a plausible claim for relief against the Alabama Department of Labor.

DONE and ORDERED this 3rd day of February, 2020.

/s/ Callie V. S. Granade

SENIOR UNITED STATES DISTRICT JUDGE


Summaries of

Diamond v. Ala. Dep't of Labor

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
Feb 3, 2020
CA 19-935-CG-MU (S.D. Ala. Feb. 3, 2020)
Case details for

Diamond v. Ala. Dep't of Labor

Case Details

Full title:COREY L. DIAMOND, Plaintiff, v. ALABAMA DEPARTMENT OF LABOR, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Date published: Feb 3, 2020

Citations

CA 19-935-CG-MU (S.D. Ala. Feb. 3, 2020)