Rice

MEMORANDUM **

Betty Jean Rice (“Rice”) appeals from the district court’s dismissal of her malpractice suit against the defendant Richard V. Thomas, M.D. (“Thomas”) for lack of subject matter jurisdiction under 28 U.S.C. § 1332 . The district court found that both Rice and Thomas were domiciled in Idaho, and, therefore, there was no diversity. We affirm. Because the parties are familiar with the factual and procedural history of this appeal, we need not recount it here.

A district court’s determination on the question of diversity is reviewed de novo. Breitman v. May Co. Cal., 37 F.3d 562, 563 (9th Cir.1994). The factual underpinnings of those determinations, however, are reviewed for clear error. Prudential Real Estate Affiliates v. PPR Realty, 204 F.3d 867 , 872-73 (9th Cir.2000).

While physical presence is a central, and ordinarily necessary, factor in determining *629 a person’s domicile, it is not dispositive. Hendrix v. Naphtal, 971 F.2d 398, 399 (9th Cir.1992). “A person residing in a given state is not necessarily domiciled there, and thus is not necessarily a citizen of that state.” Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir.2001) (citing Weible v.…