Nails v. City of Savannah et al

Filing 11

ORDER ADOPTING 9 REPORT AND RECOMMENDATION of the Magistrate Judge as the Court's opinion, and Plaintiff's Complaint is dismissed. Signed by Judge William T. Moore, Jr on 11/17/2022. (ca)

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Case 4:22-cv-00098-WTM-CLR Document 11 Filed 11/17/22 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ANGELA NAILS, Plaintiff, CASE NO. CV422-098 V. CITY OF SAVANNAH POLICE DEPARTMENT and OFFICER STRIVE, Defendants. ORDER Before the Court is the Magistrate Judge's October 5, 2022, Report and Recommendation (Doc. 9), to which Plaintiff has filed an objection (Doc. 10). After a careful review of the record,^ the report and recommendation (Doc. 9) is ADOPTED as the Court's opinion in this case. The Magistrate Judge recommends that this Case be dismissed because the Court lacks subject matter jurisdiction. (Doc. 9 at 2- 8.) Plaintiff does not identify any defect in the Magistrate Judge's subject matter jurisdiction analysis and concedes that the Court does not have diversity jurisdiction over her claim. (Doc. 1 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. ยง 636(b)(1); see Merchant v. Nationwide Recovery Serv., Inc., 440 F. Supp. 3d 1369, 1371 (N.D. Ga. 2020) (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-00098-WTM-CLR Document 11 Filed 11/17/22 Page 2 of 2 10 at 1.) Although Plaintiff asserts that her claim is a "Constitutional complaint," she does not identify any plausible basis for such a claim. (Id.) Instead, Plaintiff vaguely questions whether the "defendants have made a fair concise and professional lawful decision[.]" (Id.) decision regarding the Her vague completion of assertions a police of an report unfair are not sufficient to invoke the Court's federal question jurisdiction. (See Doc. 9 at 4 (citing Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290, 1295 (11th Cir. 2008)).) This appears to be yet another federal lawsuit filed by Plaintiff "at the slightest inconvenience," jurisdictional requirements notwithstanding. (Id. at 7-8.) For the foregoing reasons, Plaintiff's objections (Doc. 10) are OVERRULED, the report and recommendation (Doc, 9) is ADOPTED as the Court's opinion in this case, and Plaintiff's Complaint (Doc. 1) is DISMISSED. 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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