Free Order on Motion to Amend/Correct - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Rodney Allen Kelley,

) ) Plaintiff, ) ) vs. ) ) Glenn F. Kelley, et al., ) ) Defendants. ) ______________________________)

CV 04-103-PHX-SRB (MS)

ORDER

The Court is in receipt of Fletcher Defendants' Motion to Correct Docket and
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Record (Doc. #34). Defendants request that the docket and record of this matter be
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corrected to reflect the correct jurisdictional basis for Plaintiff's action, specifically 28
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U.S.C. § 1332. Defendants correctly note that although Plaintiff is a prisoner in the
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State of Texas, his suit does not involve either a federal question or 28 U.S.C. § 1983.
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Moreover, because Defendants concede that diversity is satisfied in this case, the Court
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will grant Defendants' Motion.
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IT IS ORDERED that Defendants' Motion to Correct Docket and Record (Doc.
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#34) is GRANTED.
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28 Case 2:04-cv-00103-SRB-ECV Document 36 Filed 10/26/2005 Page 1 of 2

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IT IS FURTHER ORDERED that the Clerk of the Court correct the record and docket in this case to reflect the correct jurisdictional basis for this matter as identified in Plaintiff's Complaint as Diversity Jurisdiction pursuant to 28 U.S.C. §1332. DATED this 24th day of October, 2005.

Case 2:04-cv-00103-SRB-ECV

2 Document 36

Filed 10/26/2005

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