Aguero v. Asorio

Filing 7

MEMORANDUM OF OPINION. Signed by Judge Abdul K Kallon on 12/12/2013. (PSM)

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FILED 2013 Dec-12 PM 04:19 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION CAROLOS QUESADA AGUERO, Plaintiff, v. ALBERT J. ASORIO Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action Number 5:13-cv-02086-AKK-TMP MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on November 22, 2013 recommending that this action, filed on the court’s General Complaint Form for Pro Se Litigants, be dismissed pursuant to 28 U.S.C. § 1915(e) for want of subject matter jurisdiction. Doc. 4. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court agrees with the magistrate judge that Aguero has essentially pled a theft or embezzlement claim, and since he cites to no federal statute conferring jurisdiction and fails to allege facts that would support finding the existence of diversity jurisdiction or a federal question, his claim should be dismissed for want of subject matter jurisdiction. Therefore, the magistrate judge’s report is due to be and is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915(e). A final judgment will be entered. DONE this 12th day of December, 2013. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE

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