Opinion
1:22-CV-56-KAC-CHS
07-20-2022
CHARLIE BELL, SR., Plaintiff, v. HIGH TECH TRANSMISSION AND AUTO CENTER, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION
KATHERINE A. CRYTZER, United States District Judge
Before the Court is the “Report and Recommendation” (“Report”) that United States Magistrate Judge Christopher H. Steger entered on July 5, 2022 [Doc. 9]. On March 11, 2022, Plaintiff Charlie Bell, Sr. filed a pro se Complaint [Doc. 2] and “Application to Proceed In Forma Pauperis” [Doc. 1]. In his Complaint, Plaintiff alleges that Defendants injured him by accepting payment to repair his truck and failing to make the repairs. [See Doc. 2 at 2]. Judge Steger reviewed Plaintiff's Complaint as is required under 28 U.S.C. § 1915(e)(2) and issued the Report, recommending that the Court dismiss this action for lack of subject matter jurisdiction and deny Plaintiff's “Application to Proceed In Forma Pauperis” [Doc. 1] as moot [See Doc. 9 at 3]. Plaintiff did not object to the Report, and the time to do so has passed. See 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b)(2).
After reviewing the record, the Court ACCEPTS and ADOPTS Judge Steger's Report [Doc. 9] under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). The Court DISMISSES this action without prejudice for lack of subject matter jurisdiction. The Court also
DENIES Plaintiff's “Application to Proceed In Forma Pauperis” [Doc. 1] as MOOT. An appropriate judgment shall follow.
IT IS SO ORDERED.