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ESCOBAR v. ZAPP

United States District Court, S.D. New York


May 14, 2004.

EDGAR ESCOBAR, Plaintiff, -against- DAVID ZAPP, Defendant

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

The amended complaint in this action purports to base subject matter jurisdiction on diversity of citizenship. Although it alleges the residences of the parties, it fails to allege their citizenship. This is inadequate. Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 E.g., (1904); Leveraged Leasing Administration Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996); Depradine v. Nissan Infiniti LT, No. 00 Civ. 6686 (LAK), 2000 WL 1280971, *1 (S.D.N.Y. Sept. 11, 2000). Absent the filing, on or before June 4, 2004, of a second amended complaint remedying this deficiency, the action will be dismissed. Plaintiff, who is proceeding pro se, may consult the Pro Se Office of the Court for assistance.

SO ORDERED.

20040514

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