Nails v. Leeds Gate Townhouse Association, LLC et al
ORDER adopting re 8 Report and Recommendations dismissing Plaintiff's Complaint and Amended Complaint without prejudice closing this case. Signed by Judge William T. Moore, Jr on 11/21/22. (loh)
Case 4:22-cv-00078-WTM-CLR Document 10 Filed 11/21/22 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
CASE NO. CV422-078
LEEDS GATE TOWNHOUSE
ASSOCIATION, LLC; OWNERS OF
LEEDS GATE TOWNHOUSE; and LEEDS
GATE TOWNHOUSE RESIDENTS,
Before the Court is the Magistrate Judge's October 5, 2022,
Report and Recommendation (Doc. 8), to which Plaintiff Angela Nails
has filed an objection (Doc. 9). After a careful review of the
record-,^ the report and recommendation (Doc. 8) is ADOPTED as the
Court's opinion in this case.
The Magistrate Judge recommends that this case be dismissed
for lack of subject matter jurisdiction. (Doc. 8 at 2-7.) In her
objection. Plaintiff does not identify any defect in the Magistrate
Judge's subject matter jurisdiction analysis. (Doc. 9.) Although
^ The Court reviews de novo a magistrate judge's findings to which
a party objects, and the Court reviews for clear error the portions
of a report and recommendation to which a party does not object.
28 U.S.C. § 636(b)(1); see Merchant v. Nationwide Recovery Serv.,
Inc., 440 F. Supp. 3d 1369, 1371 (N.D. Ga. 2J20) (outlining the
standard of review for report and recommendations (citing Macort
V. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006) (per
Case 4:22-cv-00078-WTM-CLR Document 10 Filed 11/21/22 Page 2 of 2
Plaintiff asserts that her claim arises ^'under the Constitution,"
she does not identify any plausible basis for such a claim. (Id.
at 1.) Instead, she reaffirms that her Complaint "is about . . .
living in her surrounding of other people who are out of control
(Id.) As the Magistrate Judge correctly observed, "the
Court clearly lacks subject-matter jurisdiction over this dispute
between neighbors[.]" (Doc. 8 at 2.)
For the foregoing reasons, the Plaintiff's objections (Doc.
9) are OVERRULED, the report and recommendation (Doc. 8) is JU30PTED
as the Court's opinion in this case, and Plaintiff's Complaint and
Amended Complaint (Docs. 1, 5) are DISMISSED WITHOUT PREJUDICE.
The Clerk of Court is DIRECTED to close this case.
so ORDERED this
day of November 2022.
WILLIAM T. MOORE,'^JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
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