Opinion
Civil Action 4:23CV583
07-30-2024
ANDRE HILL v. NEBRASKA FURNITURE MART or TXFM, INC. d/b/a NEBRASKA FURNITURE MART
JOHNSON, JUDGE
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
MAZZANT, JUDGE
Came on for consideration the Report and Recommendation of the United States Magistrate Judge in this action (the “Report”) (Dkt. #26), this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. The Magistrate Judge recommended that Defendant Nebraska Furniture Mart or TXFM, Inc. d/b/a Nebraska Furniture Mart's (“Defendant”) Motion to Dismiss for Lack of Subject-Matter Jurisdiction (the “Motion to Dismiss”) (Dkt. #19) be granted, and that Plaintiff Andre Hill's (“Plaintiff”) negligence claim be dismissed without prejudice for lack of subject matter jurisdiction. On July 5, 2024, Plaintiff filed Objections (Dkt. #27) to the Report and, on July 15, 2024, Defendant filed a response thereto.
The Court has conducted a de novo review of the Objections and is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the Objections are without merit as to the ultimate findings of the Magistrate Judge. Accordingly, the Objections (Dkt. #27) are OVERRULED and the Magistrate Judge's Report is ADOPTED as the findings and conclusions of the Court.
IT IS ORDERED that the Motion to Dismiss (Dkt. #19) is GRANTED, and Plaintiff's negligence claim is dismissed without prejudice for lack of subject matter jurisdiction.