Swartz

MEMORANDUM *

Robert Swartz filed a complaint in federal district court over the alleged mishandling of an insurance claim. The complaint stated that Swartz was a resident of Montana, whereas it should have stated he was a citizen. In addition, although the complaint stated that the defendant was a citizen of a state other than Montana, it failed specifically to plead that New Jersey was either the defendant’s state of incorporation or its principal place of business. Although actual diversity existed throughout, the district court dismissed the claim *599 sua sponte on these technicalities and denied leave to amend.

Standard of Review

A district court’s sua sponte dismissal of an action is reviewed for an abuse of discretion. Denton v. Hernandez, 504 U.S. 25, 33 , 112 S.Ct. 1728 , 118 L.Ed.2d 340 (1992). Denial of a Rule 60(b) motion is also reviewed for an abuse of discretion. DeSaracho v. Custom Food Mach., Inc., 206 F.3d 874 , 880 (9th Cir.2000), cert. denied, 531 U.S. 876 , 121 S.Ct. 183 , 148 L.Ed.2d 126 (2000). A district court abuses its discretion if it “based its ruling on an erroneous view of the law.” Bay Area Addiction Research & Treatment, Inc. v. City of Antioch,…