McNeely v. Crosswhite et al

Filing 6

MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/8/2014. (AVC)

FILED
2014 Dec-08 PM 01:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JERRY WAYNE MCNEELY,
Plaintiff,
v.
MARK CROSSWHITE, et. al.,
Defendants.

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Case No.: 2:14-cv-02107-RDP

MEMORANDUM OPINION
On November 19, 2014, the Magistrate Judge’s Report and Recommendation was entered
and the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. The time to file objections to the Report and
Recommendation has passed, and no objections were filed by either party. In accordance with
the court’s General Order, the case is now before the undersigned for all further proceedings.
Having carefully reviewed and considered all the materials in the court’s file, including
the Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge.
The court further ACCEPTS the recommendations of the Magistrate Judge that (1) Plaintiff’s
request to proceed in forma pauperis is due to be granted, and (2) Plaintiff’s Complaint is due to
be dismissed in its entirety for lack of federal subject matter jurisdiction.1
A separate order in accordance with this Memorandum Opinion will be entered.

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In addition, as the Magistrate Judge’s Report and Recommendation notes, Plaintiff’s motion seeking an
order restoring electrical service (Doc. 3) cannot be addressed by a court that lacks subject matter jurisdiction.
Accordingly Plaintiff’s Motion (Doc. 3) is MOOT.

DONE and ORDERED this December 8, 2014.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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