ELLER et al

Filing 4

ORDER OF DISMISSAL - The 3 report and recommendation is accepted. The clerk must enter judgment stating, "This case is dismissed for lack of jurisdiction." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 5/31/2018. (cle)

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

IN RE: DWAYNE ELLER AND
KIRSTIN ELLER,

CASE NO. 4:18cv59-RH/CAS

_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 3. No objections have been filed.
Federal courts have only the jurisdiction provided by statute. The petitioners
have not alleged a basis for federal jurisdiction. No basis for federal jurisdiction is
apparent. The case does not arise under federal law. It is not a case wholly between
citizens of different states. As correctly set out in the report and recommendation,
the petitioners may seek relief in state court—but they have not alleged a basis for
relief in federal court.
IT IS ORDERED:
The report and recommendation is accepted. The clerk must enter judgment

Case No. 4:18cv59-RH/CAS

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stating, “This case is dismissed for lack of jurisdiction.” The clerk must close the
file.
SO ORDERED on May 31, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 4:18cv59-RH/CAS