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Senator Edward Kennedy — Part 27
Page 38
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e.g.,there is no federal question at issue,the parties are
not completely diverse,or the amount in controversy does not
exceed $50,000.None of these grounds exists here,or in the
other three(3) cases dismissed in the same manner by appell-
ee,Stiehl.In resolving a facial,or technical attack on a com~
plaint's jurisdictional allegations,the court must accept the
plaintiff's jurisdictional allegations as true.Gibbs vs.Buck,
307 US 66,59 S Ct 725m83 L Ed 1111(1939); Holt vs.United
States, 46 F3d 1000 at 1002(10Th Cir.1995),The district court
in substantive attacks on subject matter jurisdiction,should
not assume the truthfulness of the complaint,rather enjoys
wide discretion to consider affidavits or other documents,as
those submitted by Appellant to the court,the court should
conduct a limited evidentiary hearing,none of these factors
were considered or passed on by district judge.An order chall-
enges subject matter jurisdiction by the court may be raised,
Emrich vs.Touche Ross & Co.,846 F 2d 1190(9th Cir.1988),But
here,Appellee in a rush to judgment by district judge,Sua
Sponte dismissed these four(4) Paid Civil Rights Complaints
With-Prejudice,such conduct in itself,clearly shows racial
bias,prejudice,and Bigotry,in favor of White,Rich,Famous and
powerful Defendants against the Appellant by the court.Appell-
ant's complaints clearly demonstrated non-frivolous claims and
based on federal law,Thomson vs.Gaskill, 314 US 442,62 S Ct
673,88 L Ed(1942); Lujan vs.Defenders of Wildife, 504 US 555,
at 561,112 S Ct 2130 at 2136m119 L Ed 2d 351(1992),Appellant
accepted his burden of establishing the element of jurisdict-
ion,in the Eastern district of Illinois.
~26-
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