U.S. Court of Appeals for the Ninth Circuit, 2010

Allan Edwards, Jr. v. James Copenhaver

Allan Edwards, Jr. v. James Copenhaver
U.S. Court of Appeals for the Ninth Circuit · Decided October 5, 2010 · Wallace, Hawkins, Thomas
398 F. App'x 288

Allan Edwards, Jr. v. James Copenhaver

Opinion

MEMORANDUM **

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) (“[DJomicile 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.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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