Opinion
2:22-cv-01346-APG-NJK
11-02-2022
SHAWN CROSS, Plaintiff, v. SMITH'S FOOD AND DRUG, Defendant
ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING CASE [ECF NO. 5]
On September 20, 2022, Magistrate Judge Koppe recommended that I dismiss plaintiff Shawn Cross's complaint because this court lacks subject matter jurisdiction over this case. ECF No. 5. Cross filed an objection. ECF No. 7.
I have conducted a de novo review of the issues as required by Local Rule IB 3-2. As Judge Koppe points out, the complaint does not provide a sufficient basis for federal question jurisdiction. And Cross's objection likewise fails to demonstrate how a federal question is at issue in this dispute. Judge Koppe's Report and Recommendation sets forth the proper legal analysis and factual basis for the decision, and I accept and adopt it as my own. Cross may pursue his claims in state court, but jurisdiction is lacking in this federal court.
I THEREFORE ORDER that the Report and Recommendation (ECF No. 5) is accepted, and this case is dismissed without prejudice. The clerk of the court shall close this case.