Opinion
Case No. 1:18-cv-185
05-21-2018
JAMES DONALD MIMMS, Plaintiff, v. LINCOLN WARE, et al., Defendants.
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4) AND TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on March 19, 2018, submitted a Report and Recommendation. (Doc. 4). Plaintiff filed timely objections ("Objections"). (Doc. 5).
The Objections repeat Plaintiff's argument that he was disrespected on Defendants' radio show, but does not address the Magistrate Judge's (correct) conclusion that this action should be dismissed due to lack of diversity jurisdiction, lack of federal question jurisdiction, and because the Complaint fails to state a claim upon which relief may be granted. --------
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendation should be and is hereby ADOPTED in its entirety. Accordingly:
1. The Report and Recommendation (Doc. 4) is ADOPTED;
2. Plaintiff's Complaint is DISMISSED with prejudice;
3. Pursuant to 28 U.S.C. § 1915(a), an appeal of this Order would not be taken in good faith. Accordingly, Plaintiff is denied leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals; and
4. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 5/21/18
/s/_________
Timothy S. Black
United States District Judge