Derrick Allen v. Guilford Technical Community College

U.S. Court of Appeals for the D.C. Circuit

Derrick Allen v. Guilford Technical Community College

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-7082 September Term, 2024 1:24-cv-00166-UNA Filed On: October 15, 2024 Derrick Allen,

Appellant

v.

Guilford Technical Community College,

Appellee

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEFORE: Millett, Pillard, and Pan, Circuit Judges

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order dated April 23, 2024, be affirmed. The district court properly dismissed the case without prejudice on the ground that the complaint failed to allege facts sufficient to establish the court’s subject matter jurisdiction over the case. See Fed. R. Civ. P. 8(a)(1); Fed. R. Civ. P. 12(h)(3). Appellant relies on 28 U.S.C. § 1332 as the basis for jurisdiction. A “party seeking the exercise of diversity jurisdiction bears the burden of pleading the citizenship of each and every party to the action,” Novak v. Cap. Mgmt. & Dev. Corp., 452 F.3d 902, 906 (D.C. Cir. 2006), and the district court correctly concluded that appellant failed to satisfy that burden. Furthermore, appellant has forfeited any challenge to the district court’s determinations regarding federal question jurisdiction and venue by not addressing those determinations in his brief. See United States ex rel. Totten v. Bombardier Corp., 380 F.3d 488, 497 (D.C. Cir. 2004).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-7082 September Term, 2024

of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Daniel J. Reidy Deputy Clerk

Page 2

Reference

Status
Unpublished