context: Based on this statement, one might assume that plaintiff was a citizen of California prior to his incarceration, in which ease complete diversity still exists. However, in light of the fact that there is a presumption against diversity jurisdiction and the burden is upon the one asserting it to affirmatively sustain it, the Court is not satisfied that diversity jurisdiction exists based solely on the inference that plaintiffs citizenship for diversity purposes prior to incarceration was California.
citation_a.signal: no signal
citation_a.parenthetical: "We start with the presumption against diversity jurisdiction, and the burden is and always has been upon the one asserting it to affirmatively sustain it."
citation_a.sentence: Bradbury v. Dennis, 310 F.2d 73, 74 (10th Cir.1962) (“We start with the presumption against diversity jurisdiction, and the burden is and always has been upon the one asserting it to affirmatively sustain it.”), cert. denied, 372 U.S. 928, 83 S.Ct. 874, 9 L.Ed.2d 733 (1963); see also Weiszmann v. Kirkland and Ellis, 732 F.Supp. 1540, 1547 (D.Colo.1990) (J. Babcock) (stating that since federal courts are of limited jurisdiction, there is a presumption against existence of diversity jurisdiction); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir.1972) (stating that the basis for federal court jurisdiction must be clearly evident on the face of the complaint).
citation_b.signal: see also
citation_b.identifier: 732 F.Supp. 1540, 1547
citation_b.parenthetical: stating that since federal courts are of limited jurisdiction, there is a presumption against existence of diversity jurisdiction
citation_b.sentence: Bradbury v. Dennis, 310 F.2d 73, 74 (10th Cir.1962) (“We start with the presumption against diversity jurisdiction, and the burden is and always has been upon the one asserting it to affirmatively sustain it.”), cert. denied, 372 U.S. 928, 83 S.Ct. 874, 9 L.Ed.2d 733 (1963); see also Weiszmann v. Kirkland and Ellis, 732 F.Supp. 1540, 1547 (D.Colo.1990) (J. Babcock) (stating that since federal courts are of limited jurisdiction, there is a presumption against existence of diversity jurisdiction); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir.1972) (stating that the basis for federal court jurisdiction must be clearly evident on the face of the complaint).