Opinion
CIVIL ACTION NO. 1:20-CV-101
05-14-2020
BRIAN C. SMITH, Plaintiff, v. JIM FULCHER, Deputy U.S. Marshal, and UNITED STATES MARSHALS SERVICE, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION AND OF DISMISSAL
The Court referred this matter to United States Magistrate Judge Keith F. Giblin for consideration and recommended disposition of case-dispositive pretrial motions. Judge Giblin issued a Report and Recommendation (Doc. No. 6) in which he recommended that the Court dismiss the pro se plaintiff's claims without prejudice for lack of jurisdiction. Judge Giblin made this recommendation pursuant to the sua sponte screening authority granted by the in forma pauperis statute, 28 U.S.C. § 1915(e)(2).
The plaintiff received a copy of the report by certified mail. He has not filed objections to the magistrate judge's report. Having considered the recommendation of the magistrate judge and conducted a de novo review pursuant to 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72, the Court agrees with Judge Giblin's findings and conclusions. It is therefore ORDERED that the report and recommendation of the magistrate judge (Doc. No. 6) is ADOPTED. The Court ORDERS that the plaintiff's claims are DISMISSED in their entirety, without prejudice, for lack of subject matter jurisdiction and pursuant to the screening authority provided by 28 U.S.C. § 1915(e)(2). Any pending motions are DENIED as moot. The Clerk is directed to close this case.
SIGNED this 14th day of May, 2020.
/s/_________
Michael J. Truncale
United States District Judge