Nails v. Leeds Gate Townhouse Association, LLC et al

Filing 10

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)

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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 SAVANNAH DIVISION ANGELA NAILS, Plaintiff, CASE NO. CV422-078 V. LEEDS GATE TOWNHOUSE ASSOCIATION, LLC; OWNERS OF LEEDS GATE TOWNHOUSE; and LEEDS GATE TOWNHOUSE RESIDENTS, Defendants. ORDER 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 curiam))). 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 -y sr day of November 2022. WILLIAM T. MOORE,'^JR. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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