Opinion
No. 03-1524 MMC
August 6, 2003
ORDER DISMISSING ACTION
On April 10, 2003, plaintiff filed a complaint in the instant action, alleging that he loaned the sum of $10,600 to defendant, plaintiff's former wife, and that defendant has failed to repay plaintiff. As relief, plaintiff seeks damages, which plaintiff has approximated at $20,000, as of the time plaintiff filed his complaint.
Plaintiff does not allege any claims arising under federal law. A federal court has jurisdiction over claims arising under state law where the parties are of diverse citizenship and the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332 (a). Here, assuming, arguendo, the parties are of diverse citizenship, as noted, the amount in controversy does not exceed $75,000. Consequently, the Court lacks jurisdiction over plaintiff's complaint.
Plaintiff is a California resident. Plaintiff alleges that although he does not know where defendant is currently residing, defendant's last known addresses were in Oregon.
Accordingly, the above-titled action is hereby DISMISSED. Said dismissal is without prejudice to plaintiff's filing his claims in state court.