From Casetext: Smarter Legal Research

Conrad v. Education Resources Institute

United States District Court, D. Colorado
Dec 13, 2006
Civil Action No. 06-cv-00001-WDM-BNB (D. Colo. Dec. 13, 2006)

Opinion

Civil Action No. 06-cv-00001-WDM-BNB.

December 13, 2006


ORDER ON RECOMMENDATION OF MAGISTRATE JUDGE


This matter is before me on the recommendation of Magistrate Judge Boyd N. Boland, issued June 29, 2006, that the motion to dismiss (docket no. 16) filed by Defendants Sender and Wasserman, P.C., Howard M. Buchalter, and Kenneth J. Buechler and joined by Defendants Van Ru Credit Corporation, Inc. and The Education Resources Institute be granted. Plaintiff has not objected to the recommendation and therefore is not entitled to de novo review. 28 U.S.C. § 636(b).

I have reviewed the pertinent portions of the record in this case, including the complaint, the motion to dismiss, Plaintiff's response, and the recommendation. I conclude the recommendation should be accepted.

I note that Plaintiff does not dispute that he and three of the defendants are citizens of Colorado. Therefore, complete diversity did not exist at the time Plaintiff commenced this case and does not exist now. Accordingly, this court does not have subject matter jurisdiction and the action should be dismissed.

Accordingly, it is ordered:

1. The recommendation issued by Magistrate Judge Boland on June 29, 2006, is accepted. 2. The motion to dismiss, filed May 18, 2006, is granted. 3. Plaintiff's complaint is dismissed without prejudice.


Summaries of

Conrad v. Education Resources Institute

United States District Court, D. Colorado
Dec 13, 2006
Civil Action No. 06-cv-00001-WDM-BNB (D. Colo. Dec. 13, 2006)
Case details for

Conrad v. Education Resources Institute

Case Details

Full title:MICHAEL PAUL CONRAD, Plaintiff, v. THE EDUCATION RESOURCES INSTITUTE, ET…

Court:United States District Court, D. Colorado

Date published: Dec 13, 2006

Citations

Civil Action No. 06-cv-00001-WDM-BNB (D. Colo. Dec. 13, 2006)

Citing Cases

Hattrup v. Deng

Even though plaintiff was a licensed lawyer at one time, because he is registered as inactive and proceeds…