Douglas E. Nalls v. Star Motors, LLC

U.S. Court of Appeals for the Eleventh Circuit
Douglas E. Nalls v. Star Motors, LLC, 359 F. App'x 127 (11th Cir. 2010)

Douglas E. Nalls v. Star Motors, LLC

Opinion

PER CURIAM:

Douglas E. Nalls appeals the sua sponte dismissal of his pro se breach-of-contract suit. After a careful review of the record, we conclude that the district court did not abuse its discretion in dismissing the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). Miller v. Donald, 541 F.3d 1091, 1100 (11th Cir. 2008); Bilal v. Driver, 251 F.3d 1346, 1349-50 (11th Cir. 2001). Moreover, we note separately from the pleadings that the defendant STAR MOTORS, LLC is a Delaware corporation with its principal place of business in Flori *128 da, and is likely a citizen of Florida for purposes of diversity jurisdiction. Therefore, we doubt that the district court was vested with subject-matter jurisdiction to hear this case because of a lack of diversity between the parties. See 28 U.S.C. § 1332(a)(1),-(c)(1); MacGinnitie v. Hobbs Group, LLC, 420 F.3d 1234, 1239 (11th Cir. 2005); see also Nalls v. Mercedes Benz of Fort Lauderdale, No. 06-60081-CIV-COHN, 2008 WL 906777, at *1, 2008 U.S. Dist. LEXIS 26157, at *1 (S.D.Fla. Apr.l, 2008).

AFFIRMED.

Reference

Full Case Name
Douglas E. NALLS, Plaintiff-Appellant, v. STAR MOTORS, LLC, D.B.A. Mercedes Benz of Fort Lauderdale, Peter Gegan, Agent for Star Motors, LLC, Ralph Mesa, Agent for Star Motors, LLC, John Crocetti, Agent for Star Motors, LLC, James Bender, Manager, Agent for Star Motors, LLC, Defendants-Appellees
Cited By
1 case
Status
Unpublished