Howard Asinoff, Individually and As a Representative of Aclass of Individuals, Plaintiff-appellant, v. National College of Naturopathic Medicine; Naturopathicmedical Council, Defendants-appellees, 142 F.3d 442 (9th Cir. 1998)
Annotate this CaseAppeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding.
Before BRUNETTI, RYMER, and T.G. NELSON, Circuit Judges.
MEMORANDUM1
Howard Asinoff appeals pro se the district court's dismissal for failure to state a claim of his diversity action against the National College of Naturopathic Medicine and the Council on Naturopathic Medical Education. We vacate and remand.
Pursuant to 28 U.S.C. § 1332(a), federal courts have original jurisdiction over civil actions between citizens of different states where the amount in controversy exceeds $75,000. The district court lacked diversity jurisdiction because, according to the allegations in Asinoff's complaint, both he and National College are citizens of Oregon. See Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373-74, 98 S. Ct. 2396, 57 L. Ed. 2d 274 (1978). We therefore vacate the district court's judgment and remand with instructions to dismiss this action for lack of jurisdiction.
VACATED AND REMANDED.
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