Opinion
Civil Action 4:23-cv-00098
05-31-2023
DESIREE WALKER, Plaintiff, v. JP MORGAN SECURITIES, et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
HON. CHARLES ESKRIDGE UNITED STATES DISTRICT JUDGE
Plaintiff Desiree Walker, proceeding pro se, filed a complaint against multiple defendants alleging that they stole her inheritance after her father's death. Dkt 1. Plaintiff didn't pay the filing fee or file an application to proceed in forma pauperis. The case was referred for pretrial management to Magistrate Judge Christina A Bryan. Dkt 3.
Pending now is Judge Bryan's Memorandum and Recommendation dated February 27, 2023, recommending that Plaintiff's claims in this case be dismissed without prejudice for lack of subject matter jurisdiction because the complaint alleges that Defendants are Texas residents and doesn't allege any cause of action arising under federal law. Dkt 6; see Dkt 1 at 3.
The district court reviews de novo those conclusions of a magistrate judge to which a party has specifically objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see also United States v Wilson, 864 F.2d 1219, 1221 (5th Cir 1989, per curiam). The district court may accept any other portions to which there's no objection if satisfied that no clear error appears on the face of the record. See Guillory v PPG Industries Inc, 434 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b) advisory committee note (1983).
None of the parties filed objections. No clear error otherwise appears upon review and consideration of the Memorandum and Recommendation, the record, and the applicable law.
The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 6.
Plaintiffs' claims in this case are DISMISSED WITHOUT PREJUDICE.
A final judgment will enter separately.
SO ORDERED.
This is a final order.