Aguero v. Asorio

Filing 7

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

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.

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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