James E. Thompson v. Tri-State Ins. of MN, No. 06-4058 (8th Cir. 2007)
Annotate this CaseCourt Description: Civil Case - jurisdiction. Dismissal for lack of subject matter jurisdiction is summarily affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-4058 ___________ James E. Thompson, Sr., * * Appellant, * * v. * Appeal from the United States * District Court for the Tri-State Insurance of Minnesota; * District of South Dakota. Dakota Redi-Mix; Berkley * Administrators; Jerry Rachetto, * [UNPUBLISHED] * Appellees. * ___________ Submitted: October 12, 2007 Filed: October 18, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. James E. Thompson, Sr., appeals the district court s1 dismissal of his civil action without prejudice for lack of subject matter jurisdiction. Upon careful review of the record, we conclude that Thompson established neither diversity jurisdiction nor federal-question jurisdiction. See 28 U.S.C. ยงยง 1331, 1332(a)(1); 4:20 Communication, Inc. v. Paradigm Co., 336 F.3d 775, 779 (8th Cir. 2003) (party 1 The Honorable Richard H. Battey, United States District Judge for the District of South Dakota. invoking federal jurisdiction has burden to establish jurisdictional requirements). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Thompson s pending motion. _____________________________ -2-
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