123526P.pdf   07/23/2014  Gary Reece  v.  Bank of New York Mellon
   U.S. Court of Appeals Case No:  12-3526
                          and No:  13-1245
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Riley, Author, with Wollman and Shepherd, Circuit Judges 
   Civil case - Civil Procedure.The one-year limit for removing cases to 
   federal court under 18 U.S.C. Sec. 1446(c)(1)is inapplicable to this case 
   based on 28 U.S.C. Sec. 1453(b), and defendant was not required to remove 
   the class action within one year of plaintiff's original complaint; the 
   court cannot conclude that diversity jurisdiction was proper based solely 
   on an allegation that plaintiff was a resident of Arkansas; however, 
   plaintiff's submission that he was a citizen of Arkansas when the case was 
   commenced and when it was removed amended the pleadings to satisfy the 
   diversity question; because the amount in controversy exceeded $75,000, 
   the only named plaintiff was a citizen of Arkansas and no named defendant 
   was, this action falls within the federal courts' diversity jurisdiction 
   under 28 U.S.C. Sec. 1332(a); under this court's decision in Rivera v. 
   JPMorgan Chase Bank v. Johnson, 719 F.3d 1010 (8th Cir. 2013), the 
   district court did not err in dismissing this action; however, the 
   district court erred in awarding costs to defendant since defendant failed 
   to file the verifying affidavit required by 28 U.S.C. Sec. 1924.