Opinion
CASE NO. 20-CIV-61549-RAR
01-31-2021
POINT CONVERSIONS, LLC, Plaintiff, v. JUDGE NICHOLAS LOPANE, in his official capacity as judge in the state of Florida, Defendant.
ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION AND DISMISSING MOTION
THIS CAUSE comes before the Court upon United States Magistrate Judge Jared M. Strauss's Report and Recommendation [ECF No. 24] ("Report"), entered on January 8, 2021. The Report recommends that the Court dismiss Plaintiff's Complaint [ECF No. 1] without prejudice as the Court lacks subject matter jurisdiction. See Report at 38. Alternatively, the Report recommends that if the Court finds that subject matter jurisdiction exists, it should dismiss the Complaint without prejudice for failure to state a claim. Id. Plaintiff filed objections to the Report on January 27, 2021 [ECF No. 27] ("Objections").
When a magistrate judge's "disposition" has been properly objected to, district courts must review the disposition de novo. FED. R. CIV. P. 72(b)(3). Because Plaintiff timely filed objections to the Report, the Court has conducted a de novo review of Magistrate Judge Strauss's legal and factual findings. Having carefully reviewed the Complaint, Defendant's Motion to Dismiss [ECF No. 8], Plaintiff's Response [ECF No. 13], Defendant's Reply [ECF No. 15], the Report, the Objections, the factual record, the applicable law, and being otherwise fully advised, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Report [ECF No. 24] is AFFIRMED AND ADOPTED.
2. Defendant's Motion to Dismiss [ECF No. 8] is GRANTED, and this action is DISMISSED without prejudice because the Court lacks subject matter jurisdiction over Plaintiff's claims for the reasons set forth in the Report.
3. The Clerk is directed to CLOSE this case.
4. Any pending motions are DENIED as moot.
DONE AND ORDERED in Ft. Lauderdale, Florida, this 31st day of January, 2021.
/s/ _________
RODOLFO A. RUIZ II
UNITED STATES DISTRICT JUDGE