CURTIS v. DALEY

Filing 5

ORDER OF DISMISSAL - The report and recommendation 4 is ACCEPTED. The clerk must enter judgment stating, This case is DISMISSED without prejudice for lack of subject-matter jurisdiction. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 4/16/2013. (erl)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

ALAN B. CURTIS and
JEANINE R. SAXTON,
Plaintiffs,
v.

CASE NO. 4:13cv99-RH/CAS

BERNARD F. DALEY, JR.,
and THE DALEY LAW OFFICE, P.A.,
Defendants.
________________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 4. No objections have been filed.
The report and recommendation concludes that the case should be dismissed
for lack of subject-matter jurisdiction. The complaint asserts only state-law claims.
Jurisdiction thus would exist only if both plaintiffs were citizens of different states
than both defendants. Both defendants are citizens of Florida. The plaintiff Alan
R. Curtis is incarcerated in Florida. A person can be a citizen of another state even
if incarcerated in Florida, but Mr. Curtis has not asserted that he is a citizen of

Case No. 4:13cv99-RH/CAS

Page 2 of 2

another state. The ability to file objections to the report and recommendation gave
Mr. Curtis a chance to assert a basis for jurisdiction, but he did not.
Accordingly,
IT IS ORDERED:
The report and recommendation is ACCEPTED. The clerk must enter
judgment stating, “This case is DISMISSED without prejudice for lack of subjectmatter jurisdiction.” The clerk must close the file.
SO ORDERED on April 16, 2013.
s/Robert L. Hinkle
United States District Judge

Case No. 4:13cv99-RH/CAS