Opinion
Civil Action 1:23-cv-00013-GHD-DAS
09-12-2023
JOY MACK, and Others So Affected PLAINTIFF v. UNITED STATES OF AMERICA; et al. DEFENDANTS
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION
On consideration of the file and records in this action, the Court finds that the Report and Recommendation [9] of the United States Magistrate Judge dated July 5, 2023, regarding the dismissal with prejudice of thisp-o se action for failure to state a plausible claim, was on that date duly served upon the Plaintiff; and that the Plaintiffs objection thereto has been filed and reviewed by the Court. The Magistrate Judge issued the Report and Recommendation after conducting a hearing on April 27, 2023, pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir, 1985) to determine if a justiciable basis exists for the Plaintiffs claims [6].
For the reasons aptly set forth in the Magistrate Judge's Report and Recommendation, the Court is of the opinion that the Report and Recommendation should be approved and adopted as the opinion of the Court. The Plaintiffs Complaint, while no doubt sincerely drafted, simply does not state a plausible claim for relief. The Court shall therefore dismiss the Plaintiffs claims with prejudice. See, e.g., Neitzke v. Williams, 490 U.S. 319, 327 n. 6,109 S.Ct. 1827, 104 L,Ed.2d 338 (1989) (quoting Bell v. Hood, 327 U.S. 678, 682-683, 66 S.Ct. 773, 90 L.Ed. 939 (1946)) (holding that “[a] court may find it lacks subject matter jurisdiction pursuant to Rule 12(b)(1) where the claim or claims are “so attenuated and unsubstantial as to be absolutely devoid of merit”).
The Court therefore ORDERS the following:
1) the Report and Recommendation [9] of the United States Magistrate Judge dated July 5, 2023, is hereby approved and adopted as the opinion of the Court; and
2) This action is DISMISSED WITH PREJUDICE pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure.
SO ORDERED.