Douglas E. Nalls v. Star Motors, LLC

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 4, 2010
JOHN P. LEY
ACTING CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-12346
Non-Argument Calendar
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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.

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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-of-
contract 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.
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