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Jones v. Blum

United States Court of Appeals, Eighth Circuit
Sep 3, 2010
391 F. App'x 573 (8th Cir. 2010)

Opinion

No. 10-1756.

Submitted: August 6, 2010.

Filed: September 3, 2010.

Appeal from the United States District Court for the District of Nebraska.

Marlin E. Jones, North Platte, NE, pro se.

Before BYE, BOWMAN, and COLLOTON, Circuit Judges.


[UNPUBLISHED]


Marlin E. Jones appeals the district court's order dismissing his defamation action without prejudice for lack of subject matter jurisdiction. Upon de novo review, see Advance Am. Servicing of Ark, Inc. v. McGinnis, 526 F.3d 1170, 1173 (8th Cir. 2008), we agree with the district court that dismissal was proper because Jones failed to satisfy his burden of proving that the amount in controversy exceeded $75,000, after the court challenged the validity of the amount alleged, see 28 U.S.C. § 1332(a)(1); Missouri ex rel. Pemiscot County v. W. Sur. Co., 51 F.3d 170, 173 (8th Cir. 1995) (if opposing party or court questions whether alleged amount in controversy is legitimate, then party invoking federal diversity jurisdiction bears burden of establishing requisite amount by preponderance of evidence). Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable Laurie Smith Camp. United States District Judge for the District of Nebraska.


Summaries of

Jones v. Blum

United States Court of Appeals, Eighth Circuit
Sep 3, 2010
391 F. App'x 573 (8th Cir. 2010)
Case details for

Jones v. Blum

Case Details

Full title:Marlin E. JONES, Appellant, v. Jonathan J. BLUM, Appellee

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 3, 2010

Citations

391 F. App'x 573 (8th Cir. 2010)

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