Opinion
No. 09-17203.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 5, 2010.
Allan G. Edwards, Jr., Wilton Center, NH, pro se.
James M. Copenhaver, Elko, NV, pro se.
Appeal from the United States District Court for the District of Nevada, Larry R. Hicks, District Judge, Presiding. D.C. No. 3:08-cv-00623-LRH-VPC.
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The district court did not clearly err by finding that Allan G. Edwards, Jr., ("Edwards") failed to establish that he was domiciled in a state diverse from defendant. See Lew v. Moss, 797 F.2d 747, 750 (9th Cir. 1986) ("[Domicile is evaluated in terms of objective facts, and . . . statements of intent are entitled to little weight when in conflict with facts.") (internal quotation marks and citation omitted); see also Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001) ("the party asserting diversity jurisdiction bears the burden of proof). Accordingly, the district court, properly dismissed the action for lack of diversity jurisdiction. See 28 U.S.C. § 1332(a).
Edwards's remaining contentions are unpersuasive.
Edwards's motion to file an addendum to his reply brief is granted.