Allan Edwards, Jr. v. James Copenhaver, No. 09-17203 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 05 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALLAN G. EDWARDS, JR., Plaintiff - Appellant, No. 09-17203 D.C. No. 3:08-cv-00623-LRHVPC v. JAMES M. COPENHAVER, MEMORANDUM * Defendant - Appellee. Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding Submitted September 22, 2010 ** Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges. 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) ( [D]omicile is evaluated in terms of objective facts, and . . . statements of intent are entitled to * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 09-17203

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