FILED
NOT FOR PUBLICATION OCT 05 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALLAN G. EDWARDS, JR., No. 09-17203
Plaintiff - Appellant, D.C. No. 3:08-cv-00623-LRH-
VPC
v.
JAMES M. COPENHAVER, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted September 22, 2010 **
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
The district court did not clearly err by finding that Allan G. Edwards, Jr.,
(“Edwards”) failed to establish that he was domiciled in a state diverse from
defendant. See Lew v. Moss, 797 F.2d 747, 750 (9th Cir. 1986) (“[D]omicile is
evaluated in terms of objective facts, and . . . statements of intent are entitled to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
little weight when in conflict with facts.”) (internal quotation marks and citation
omitted); see also Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir.
2001) (“the party asserting diversity jurisdiction bears the burden of proof”).
Accordingly, the district court properly dismissed the action for lack of diversity
jurisdiction. See 28 U.S.C. § 1332(a).
Edwards’s remaining contentions are unpersuasive.
Edwards’s motion to file an addendum to his reply brief is granted.
AFFIRMED.
2 09-17203