Langston v. Kassem et al

Filing 14

ORDER incorporating and adopting 12 Initial Review Order; finding as moot 7 Motion to Dismiss for Lack of Jurisdiction; finding as moot 1 Motion for Leave to Proceed in forma pauperis. This matter is DISMISSED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

JANE S. LANGSTON,
Case No. 1:12-cv-00411-BLW
Plaintiff,

ORDER

v.
AHMAD KASSEM, AND SOBHI
AHMAD KASSEM,
Defendants.

Plaintiff filed a “Complaint” on August 7, 2012, which purports to remove a case
from the District Court of the 361st Judicial District of the State of Texas, In and For the
County of Brazos, Case No. 11-001889-CV-361. No pleadings or forms of process from
this Texas case are attached as required by 28 U.S.C. § 1446(a). It appears from the
Complaint she filed, however, that Plaintiff is attempting to remove a state court action
involving an action to quiet title pending in Texas to this federal district court.

MEMORANDUM DECISION AND ORDER - 1

On September 24, 2012, U.S. Magistrate Judge Candy W. Dale entered an Initial
Review Order recommending dismissal of this action for lack of jurisdiction and deeming
the Application to Proceed In Forma Pauperis (Dkt. 1) and the Motion to Dismiss (Dkt.
7) moot. The Court has reviewed Judge Dale’s Initial Review Order, as well as the
applicable filings by Plaintiff, and concludes that Judge Dale’s Initial Review Order is
well founded in law and consistent with the Court’s own view of the evidence in the
record. The Court will therefore dismiss this action consistent with Judge Dale’s
recommendation.

ORDER
1. Having reviewed the Initial Review Order (Dkt. 12), the Court finds that
Judge Dale’s recommendation that this case be dismissed for lack of
jurisdiction is well founded in law and consistent with the Court’s own view of
the evidence in the record. Therefore, acting on the recommendation of
Magistrate Judge Dale, and this Court being fully advised in the premises, IT
IS HEREBY ORDERED that the Initial Review Order entered on September
24, 2012, (Dkt. 12), shall be, and is hereby, INCORPORATED by reference
and ADOPTED in its entirety.
2. This matter is DISMISSED and the Application to Proceed In Forma Pauperis
(Dkt. 1) and the Motion to Dismiss (Dkt. 7) are deemed MOOT.
.

MEMORANDUM DECISION AND ORDER - 2

DATED: October 25, 2012

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

MEMORANDUM DECISION AND ORDER - 3