Opinion
No. CV 08-723-PHX-JAT.
May 19, 2008
ORDER
On May 12, 2008, the Court issued the following order:
"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003).
In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332; Kantor v. Wellesley Galleries, Ltd., 704 F.2d 1088 (9th Cir. 1083); Industrial Tectonics v. Aero Alloy, 912 F.2d 1090, 1092, 1094 (9th Cir. 1990).
Accordingly,
IT IS ORDERED that by May 19, 2008, Plaintiff (as the party asserting jurisdiction and therefore, with the burden of pleading jurisdiction, see id.) shall file an amended complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction.
IT IS FURTHER ORDERED that Plaintiff is cautioned that she will be given one opportunity to amend to cure the jurisdiction defects. The Court will not issue additional sua sponte show cause orders to assist Plaintiff in pleading jurisdiction. Therefore, if the amended complaint fails to plead federal subject matter jurisdiction, this case will be dismissed (without prejudice) without the Court sua sponte granting Plaintiff any further opportunities to amend.
Doc. #9.
On May 12, 2008, Plaintiff filed an amended complaint. The amended complaint did not cure all the defects in the jurisdictional allegation. Specifically, although jurisdiction is claimed to be based on diversity, no citizenship of the Plaintiff is alleged. Instead Plaintiff states that she is a resident alien who resides in California. The Court cited Plaintiff to Kantor v. Wellesley Galleries, Ltd., 704 F.2d 1088 (9th Cir. 1083), which holds that resident aliens are not citizens of the United States and therefore cannot avail themselves of federal court based on diversity of citizenship. Kantor, 704 F.2d at 1090 ("To show state citizenship for diversity purposes under federal common law a party must (1) be a citizen of the United States. . . ."). Because Plaintiff has failed to allege sufficient facts to support diversity jurisdiction,
IT IS ORDERED dismissing this case, without prejudice, for lack of federal subject matter jurisdiction.