Douglas E. Nalls v. Star Motors, LLC, No. 09-12346 (11th Cir. 2010)

 Annotate this Case
Download PDF
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 09-12346 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JANUARY 4, 2010 JOHN P. LEY ACTING CLERK D. C. Docket No. 09-60623-CV-WPD DOUGLAS E. NALLS, Plaintiff-Appellant, versus STAR MOTORS, LLC, d.b.a. Mercedes Benz of Fort Lauderdale, PETER GEGAN, Agent for Star Motors, LLC, RALPH MESA, Agent for Star Motors, LLC, JOHN CROCETTI, Agent for Star Motors, LLC, JAMES BENDER, Manager, Agent for Star Motors, LLC, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (January 4, 2010) Before MARCUS, WILSON and ANDERSON, Circuit Judges. PER CURIAM: Douglas E. Nalls appeals the sua sponte dismissal of his pro se breach-ofcontract 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 Florida, 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 U.S. Dist. LEXIS 26157, at *1 (S.D. Fla. Apr. 1, 2008). AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.