Opinion
Civil Action 3:23-CV-1432-X-BN
08-30-2023
PHILLIP JAY STERLING, JR., Plaintiff, v. THE STATE OF TEXAS, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BRANTLEY STARR UNITED STATES DISTRICT JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. [Doc. 6]. The Magistrate Judge recommends the Court should sua sponte remand this action to the Tarrant County court from which it was removed.
Plaintiff filed an objection. Generously construed, Plaintiff argues that the Court has jurisdiction over this matter because he is not a United States citizen, because he is an “official foreign diplomat,” because he filed a “maritime lien on [a] vessel in commerce,” and because he “ha[s] been kidnapped by the state of Texas.”None of these arguments rebut the Magistrate Judge's finding that Plaintiff failed to show “that the rights allegedly denied him arise under a federal law providing for specific rights stated in terms of racial equality nor that he was denied or cannot enforce the specified federal rights in the state courts due to some formal expression of state law.” Accordingly, the Court OVERRULES Plaintiff's objection.
Doc. 8 at 1-4.
Doc. 6 at 5 (cleaned up).
The District Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and REMANDS this action to the Tarrant County court from which it was removed.
IT IS SO ORDERED