WOODHULL v. MASCARELLA

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION 26 Report and Recommendation; GRANTING 20 Motion to Dismiss filed by SHIRLEY MASCARELLA ; TERMINATING 17 Motion for Discovery filed by ANGELA WOODHULL. Signed by CHIEF JUDGE STEPHAN P MICKLE on 6/24/2009. This case is dismissed for lack of federal jurisdiction. The dismissal does not prevent Plaintiff from pursuing her claims in state court. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ANGELA WOODHULL, Plaintiff, vs. SHIRLEY MASCARELLA, Defendant. ______________________________/ CASE NO. 1:08cv151-SPM/AK

ORDER THIS CAUSE comes before the court on the Magistrate Judge's Second Report and Recommendation dated March 19, 2009 (doc. 26). The parties have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections (doc. 27). Having considered the report and recommendation, I have determined that the report and recommendation should be adopted. Plaintiff has failed to allege underlying facts to establish that the amount in controversy exceeds $75,000.00, as required for jurisdiction based on diversity of citizenship. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 26) is

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ADOPTED and incorporated by reference in this order. 2. This case is dismissed for lack of federal jurisdiction. The

dismissal does not prevent Plaintiff from pursuing her claims in state court. DONE AND ORDERED this 24th day of June, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO. 1:08cv151-SPM/AK