ADAMS v. GARTH et al

Filing 5

ORDER. The Magistrate Judge's Report and Recommendation (ECF Doc. #3 ) is adopted and incorporated by reference in this order. The Plaintiff's Motion to Proceed in forma pauperis (ECD Doc. #4 ) is deemed moot. This case is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. The Clerk is directed to close the file. Signed by JUDGE M CASEY RODGERS on 1/10/2022. (alb)

Case 3:21-cv-02567-MCR-HTC Document 5 Filed 01/10/22 Page 1 of 2
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CANDIDA ADAMS,
Plaintiff,
v.

Case No. 3:21cv2567-MCR-HTC

MARY GARTH,
ROBERT GARTH, and
THOMAS GARTH,
Defendants.
_________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated November 29, 2021 (ECF No. 3), which recommends this
case be dismissed sua sponte for lack of subject-matter jurisdiction or, alternatively,
as frivolous for failure to state a claim. Plaintiff was furnished a copy of the Report
and Recommendation and afforded an opportunity to file objections pursuant to Title
28, United States Code, Section 636(b)(1). Plaintiff has filed a Motion for Leave to
Proceed in forma pauperis (ECF Doc. 4). Otherwise, there have been no timely filed
objections.

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Having considered the Report and Recommendation and the record, I have
determined that the Report and Recommendation should be adopted and Plaintiff’s
Motion to Proceed in forma pauperis should be deemed as moot.
Accordingly, it is now ORDERED as follows:
(1) The Magistrate Judge’s Report and Recommendation (ECF Doc. 3) is
adopted and incorporated by reference in this order.
(2) The Plaintiff’s Motion to Proceed in forma pauperis (ECD Doc. 4) is
deemed moot.
(3) This case is DISMISSED WITHOUT PREJUDICE for lack of subjectmatter jurisdiction.
(4) The Clerk is directed to close the file.
DONE AND ORDERED this 10th day of January 2022.

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 3:21cv2567-MCR-HTC