MEMORANDUM OPINION AND ORDER
MILTON I. SHADUR, UNITED STATES DISTRICT JUDGE
LTV Steel Company, Inc. ("LTV") has filed its Notice of Removal (the "Notice") to this District Court of an action originally brought in the Circuit Court of Cook County by Maria Navarro as Administrator of the Estate of Ramon Sanchez, Deceased ("Navarro"). Based on its customary initial review of the Notice and Navarro's underlying Complaint at Law,
this Court sua sponte remands this action to the state court.
LTV seeks to invoke federal jurisdiction on diversity-of-citizenship grounds satisfying 28 U.S.C. § 1332(a).
However, there are two flaws in LTV's assertions, one of which might possibly be cured now but the other of which cannot.
First as to the matter that quite likely could be cured by a revised pleading: Notice para. 4a refers to plaintiff's Illinois residence rather than citizenship, even though the latter is of course the relevant jurisdictional fact for diversity purposes. That pleading defect deprives this Court of independent subject matter jurisdiction over this action, for federal courts can deal with cases only as Congress specifies (see Section 1332(a)) and as a plaintiff's express allegations bring the case within those specifications. See, e.g., 5 Wright & Miller, Federal Practice and Procedure: Civil § 1208, at 101 & n.9, and cases there cited (1990 ed.); 13 B id. § 3611, at 516-18 & nn. 27-29, and cases there cited (1984 ed. and 1990 pocket part).
If that were the only problem with the Notice, Section 1653 might be brought into play to give LTV the opportunity to amend the Notice so as to keep this action here. But Notice para. 4c also asserts the existence of the necessary amount in controversy (more than $ 50,000), even though all that is said in Navarro's Complaint on that score is this:
WHEREFORE, Plaintiff MARIA NAVARRO, Administrator of the Estate of RAMON SANCHEZ, deceased, demands judgment against Defendant, L.T.V. STEEL COMPANY, and [sic] a dollar amount to satisfy the jurisdictional limitations and additional amounts as the jury and the Court shall deem proper, and additional costs of this suit.