Walter Patrick v. Larry Wayne Frith

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATION of the Magistrate Judge as the opinion of this Court. It is ORDERED that this action is DISMISSED without prejudice for lack of subject matter jurisdiction. Signed by Judge Callie V. S. Granade on 5/20/2011. (copy to pltf) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WALTER PATRICK,

:

Plaintiff,

:

vs.

:

LARRY WAYNE FRITH,

:

Defendant.

CIVIL ACTION 11-0050-CG-M

:
ORDER

After due and proper consideration of all portions of this file deemed relevant
to the issues raised, and a de novo determination of those portions of the Report and
Recommendation to which objection is made1, the Report and Recommendation of
the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B) is ADOPTED as the
opinion of this Court. It is ORDERED that this action be and is hereby
DISMISSED without prejudice for lack of subject matter jurisdiction.
DONE and ORDERED this 20th day of May, 2011.

/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

1 In his objection to the Report and Recommendation, plaintiff asks to be allowed to amend his complaint,

however the scenario he proposes to include in the proposed amended complaint to properly allege a
RICO violation does not cure the defects described in the Magistrate Judge’s Report and
Recommendation.