Douglas E. Nalls v. Star Motors, LLC

359 F. App'x 127

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 4, 2010
• Docket: 09-12346
• Status: Unpublished

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 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.