Wesley Mims, Plaintiff-appellant, v. Charles Boseman Company; Logan Oil Company, Defendants-appellees, 927 F.2d 596 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 927 F.2d 596 (4th Cir. 1991)

Submitted Oct. 23, 1990. Decided March 1, 1991

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Franklin T. Dupree, Jr., Senior District Judge. (CA-90-395-5-CIV)

Wesley Mims, appellant pro se.



Before K.K. HALL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Wesley Mims appeals from the district court's order dismissing his civil action without prejudice for failure to comply with the court's order to particularize. Our review of the record and the district court's opinion discloses that this appeal is without merit.*  Accordingly, we affirm on the reasoning of the district court. Mims v. Boseman, CA-90-395-5-CIV (E.D.N.C. Aug. 22, 1990). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.



The district court asked Mims to state the citizenship of the parties. On appeal, Mims indicated for the first time the lack of diversity of citizenship of the parties. Lacking diversity, Mims should file this action in state court