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  • Grey-Swaby v. Pitt County Memorial, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of Stephanie Grey-Swaby's action against Pitt County Memorial Hospital for lack of subject matter jurisdiction. Both parties were citizens of North Carolina and Grey-Swaby failed to allege any basis for federal jurisdiction. The appellate court reviewed the record and found no reversible error in the district court's reasoning that it did not have jurisdiction over the case since the parties were not diverse and no federal claims were raised.

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    Filed: 2005-09-08 Precedential Status: Non-Precedential Docket: 05-1312

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of Stephanie Grey-Swaby's action against Pitt County Memorial Hospital for lack of subject matter jurisdiction. Both parties were citizens of North Carolina and Grey-Swaby failed to allege any basis for federal jurisdiction. The appellate court reviewed the record and found no reversible error in the district court's reasoning that it did not have jurisdiction over the case since the parties were not diverse and no federal claims were raised.

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    2 views2 pages

    Grey-Swaby v. Pitt County Memorial, 4th Cir. (2005)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of Stephanie Grey-Swaby's action against Pitt County Memorial Hospital for lack of subject matter jurisdiction. Both parties were citizens of North Carolina and Grey-Swaby failed to allege any basis for federal jurisdiction. The appellate court reviewed the record and found no reversible error in the district court's reasoning that it did not have jurisdiction over the case since the parties were not diverse and no federal claims were raised.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1312

    STEPHANIE GREY-SWABY,
    Plaintiff - Appellant,
    versus
    PITT COUNTY MEMORIAL HOSPITAL,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at New Bern.
    Malcolm J. Howard,
    District Judge. (CA-04-101-A)

    Submitted:

    August 22, 2005

    Decided:

    September 8, 2005

    Before MICHAEL, MOTZ, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Stephanie Grey-Swaby, Appellant Pro Se. Walter Gregory Merritt,


    HARRIS, CREECH, WARD & BLACKERBY, New Bern, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Stephanie Grey-Swaby appeals the district courts order
    dismissing her action for lack of subject matter jurisdiction under
    Fed. R. Civ. P. 12(b)(1) because both parties are citizens of North
    Carolina

    and

    jurisdiction.

    she

    failed

    to

    allege

    any

    basis

    for

    federal

    We have reviewed the record and find no reversible

    error.

    Accordingly, we affirm on the reasoning of the district

    court.

    See Grey-Swaby v. Pitt County Meml Hosp., No. CA-04-101-A

    (Jan. 7, 2005).

    We dispense with oral argument because the facts

    and legal contentions are adequately presented in the materials


    before the court and argument would not aid the decisional process.

    AFFIRMED

    - 2 -

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