Opinion
3-00-CV-2322-R.
July 20, 2001
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to the District Court's order of reference filed on July 19, 2001, came on to be considered Plaintiff's Motion to Proceed In Forma Pauperis, Motion for Appointment of Counsel and Motion for Temporary Restraining Order and the magistrate judge finds and recommends as follows:
FINDINGS AND CONCLUSIONS:
A review of the Plaintiff's complaint in which she seeks a temporary restraining order reflects that the Defendant is the landlord at Plaintiff's apartment and that Defendant is alleged to have changed the locks on her apartment and removed her personal effects from the apartment.
It is well established that a federal court is a court of limited jurisdiction and it is clear from the nature of the complaint and the residences of the parties that this court has no jurisdiction over Plaintiff's action.
RECOMMENDATION:
For the foregoing reasons it is recommended that Plaintiff's complaint be dismissed for want of jurisdiction. It is further recommended that her motion to proceed in forma pauperis and motion for appointment of counsel be dismissed, the same being moot.
A copy of this recommendation shall be transmitted to Plaintiff.
NOTICE
In the event that you wish to object to this recommendation, you are hereby notified that you must file your written objections within ten days after being served with a copy of this recommendation. Pursuant to Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc), a party's failure to file written objections to these proposed findings of fact and conclusions of law within such ten-day period may bar ade novo determination by the district judge of any finding of fact or conclusion of law and shall bar such party, except upon grounds of plain error, from attacking on appeal the unobjected to proposed findings of fact and conclusions of law accepted by the district court.