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Hall v. Curran

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Before Boudin, Selya and Howard, Circuit Judges.

Federal courts are courts of limited jurisdiction. A cause of action may be maintained in federal court only if it involves a question of federal law, or if the controversy is between citizens of different states and the amount in controversy exceeds $75,000. 28 U.S.C. §§ 1331, 1332. This pro se prisoner’s appeal raises the question of how citizenship of an incarcerated person is determined for diversity jurisdiction purposes under 28 U.S.C. § 1332(a)(1). We adopt the prevailing test articulated in Smith v. Cummings, 445 F.3d 1254 (10th Cir. 2006), and affirm the district court’s dismissal of appellant’s complaint for lack of subject matter jurisdiction.

Appellant Kevin D. Hall lived in New Hampshire prior to his incarceration. After he was transferred to Sing Sing penitentiary in New York State, Hall filed suit in federal district court against an attorney for the New Hampshire Department of Corrections (“DOC”). Hall’s complaint alleged that this attorney had reneged on a promise in an earlier litigation (initiated when Hall was imprisoned in New Hampshire) to provide Hall with copies of his medical records in exchange for executing the forms that released those records to the attorney.

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