Jerry Wayne Deas, Plaintiff-appellant, v. Thurman Deas, Defendant-appellee, 51 F.3d 279 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 51 F.3d 279 (9th Cir. 1995) Submitted March 21, 1995. *Decided March 29, 1995

Before: SNEED, POOLE and BRUNETTI, Circuit Judges.


Jerry Wayne Deas, a Wyoming state prisoner, appeals pro se the district court's 28 U.S.C. § 1915(d) dismissal of his diversity action seeking damages for theft and wrongful conversion of his property. The district court construed Deas's action as brought under 42 U.S.C. § 1983 and dismissed the action on the ground that Thurman Deas, the sole defendant, did not act under color of state law. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand.

The district court has original jurisdiction over civil actions where the matter in controversy exceeds $50,000 and is between citizens of different states. See 28 U.S.C. 1332(a). Deas alleges in his complaint that he is a citizen of Wyoming, that defendant Thurman Deas is a citizen of Arizona, and that the matter in controversy exceeds $50,000. Because Deas's complaint properly sets forth the requirements for diversity jurisdiction, the district court erred in dismissing his complaint under 28 U.S.C. § 1915(d). See Denton v. Hernandez, 112 S. Ct. 1728, 1733-34 (1992).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3