Opinion
Civil Action 2:09-cv-1158.
March 23, 2010
ORDER
On January 19, 2010, the Magistrate Judge issued an initial screening report and recommendation (Doc. 3). In it, he found that the documents Plaintiff filed to initiate this action were not a complaint, and that it failed to contain "a short and plain statement of the grounds upon which the court's jurisdiction depends". The Magistrate Judge noted that Plaintiff previously filed identically captioned Case No. 2:09-cv-732 against the same defendant, and that Plaintiff failed to appeal the dismisasl of that action. In the initial screening report and recommendation in this case, the Magistrate Judge gave Plaintiff thirty days to amend his complaint to state a basis for this court exercising subject matter jurisdiction. Plaintiff did not amend his complaint, and did not file objections to the report and recommendation.
Accordingly, upon de novo review in accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), the Court ADOPTS the initial screening report and recommendation (Doc. 3). The Clerk of Court is DIRECTED to enter JUDGMENT dismissing this case because the complaint fails to plead a short and plain statement of the grounds upon which the court's jurisdiction depends.