Smith v. The State of Alabama Department of Human Resources Child Support Enforcement Division

Filing 22

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS re 12 MOTION to Dismiss Complaint filed by The State of Alabama Department of Human Resources Child Support Enforcement Division. ADHR's motion to dismiss is granted under FRCP 12(b )(1) and the claims against Ms. Anderson are dismissed sua sponte under 1915(e)(2)(B)(ii) and (iii), such that all of Smith's claims are dismissed without prejudice for lack of subject matter jurisdiction. Signed by Judge Kristi K. DuBose on 6/30/2016. (copy mailed) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THADDEUS D. SMITH, SR.,
Plaintiff,
v.
THE STATE OF ALABAMA
DEPARTMENT OF HUMAN
RESOURCES CHILD SUPPORT
DIVISION,
Defendant.

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) CIVIL ACTION NO. 15-00629-KD-N
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ORDER

After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made, the Report and
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal
Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated June 3, 2016, is
ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the Defendant State of Alabama Department of
Human Resources Child Support Division’s motion to dismiss (Doc. 12) is GRANTED under
Federal Rule of Civil Procedure 12(b)(1) and that the claims against Ms. Anderson are
DISMISSED sua sponte under 1915(e)(2)(B)(ii) & (iii), such that all of Smith’s claims are
DISMISSED without prejudice for lack of subject matter jurisdiction. In accordance with
Federal Rule of Civil Procedure 58, final judgment shall be entered accordingly by separate
document
DONE and ORDERED this 30th day of June 2016.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE