Mayo v. Capps et al (JOINT ASSIGN)(MAG+)

Filing 8

ORDER directing as follows: (1) plf's 7 Objection is OVERRULED; (2) the ADOPTING 6 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; and (3) this action is REMANDED to the Circuit Court of Houston County, AL for lack of subject matter jurisdiction. Signed by Chief Judge William Keith Watkins on 7/24/17. Certified copy mailed to Clerk, Circuit Court Houston County.(djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION ANDREA EGGLESTON MAYO, Plaintiff, v. CHRISTOPHER CAPPS, MAURICE ALFONSO EGGLESTON, JOHN CALVIN WHITE, J. MICHAEL CONAWAY, LORI COLLIER INGRAM, BENJAMIN LEWIS, and KALIA LANE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:17-CV-355-WKW [WO] ORDER Before the court is the Recommendation of the Magistrate Judge (Doc. # 6), to which Plaintiff Andrea Eggleston Mayo filed objections (Doc. # 7). The court conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. § 636(b). In her objection, Ms. Mayo argues the merits of her case, claiming that she is entitled to relief. In so doing, she misses the thrust of the Recommendation: that her case is due to be dismissed for a lack of subject-matter jurisdiction. Rather, because she has failed to show that the court can properly exercise jurisdiction under 28 U.S.C. §§ 1331 or 1332, the Magistrate Judge properly recommended dismissal without prejudice. See Burns v. Windsor Ins. Co., 31 F.3d 1092, 1094 (11th Cir. 1994) (placing on the removing party the burden of establishing federal jurisdiction). Accordingly, it is ORDERED as follows: 1. Plaintiff Andrea Eggleston Mayo’s objection (Doc. # 7) is OVERRULED; 2. The Recommendation of the Magistrate Judge (Doc. # 6) is ADOPTED; and 3. This action is REMANDED to the Circuit Court of Houston County, Alabama, for lack of subject-matter jurisdiction. A final judgment will be entered separately. DONE this 24th day of July, 2017. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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