Hayes v. Smith et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; re 28 Report and Recommendations; claims against State Farm be dismissed without prejudice for lack of subject matter jurisdiction. Signed by Honorable Susan O. Hickey on June 23, 2015. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOY VERONICA HAYES v. PLAINTIFF Case No. 4:15-cv-04010 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY DEFENDANTS ORDER Before the Court is the Report and Recommendation filed June 4, 2015 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 28). Judge Bryant recommends that all claims against Defendant State Farm be dismissed without prejudice for lack of subject matter jurisdiction. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). The Court adopts the Report and Recommendation in toto. Accordingly, all of Plaintiff’s claims against Defendant State Farm are DISMISSED. Because the Court does not have subject matter jurisdiction over Plaintiff’s case, all pending motions, including Defendant State Farm’s Motion for Summary Judgment (ECF No. 15), Plaintiff’s Motion for Enforcement of Defendant Settle Offer/Agreement (ECF No. 20), and Plaintiff’s Motion for Removal to Lower Court (ECF No. 24) are hereby DENIED AS MOOT. IT IS SO ORDERED, this 23rd day of June, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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