Murphy v. Corwine et al

Filing 7

ORDER denying 3 Motion for Leave to Proceed in forma pauperis and adopting Report and Recommendations 4 . This case be dismissed without prejudice for lack of subject matter jurisdiction. Signed by U.S. District Senior Judge Sam A. Crow on 8/28/17. (msb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ROBIN DEAN MURPHY,
Plaintiff,
vs.

Case No. 17-4066-SAC

JACKIE DUANE CORWIN, et al.,
Defendants.

O R D E R
This

case

is

before

the

court

upon

the

report

recommendation of United States Magistrate Judge Sebelius.
No. 4.

and
Doc.

The report and recommendation, which was filed on July

31, 2017, concludes after a review of plaintiff’s complaint and
attached materials that the case should be dismissed for lack of
subject

matter

jurisdiction

and

that

plaintiff’s

motion

to

proceed in forma pauperis be denied as moot.
Under the provisions of FED.R.CIV.P. 72(b)(2), plaintiff
has 14 days after being served with a copy of the report and
recommendation to serve and file specific written objections.
The record reflects that plaintiff was served with a copy of the
report

and

Plaintiff

recommendation

has

recommendation.

failed
Upon

to

no

later

timely

review,

than

object

the

court

August

to

7,

the

report

agrees

with

2017.
and
Judge

Sebelius that plaintiff has not alleged facts demonstrating a

1

jurisdictional
defendants

in

basis

to

federal

hear

his

court.

claims

against

Therefore,

the

the
report

named
and

recommendation is adopted in full and the court directs that
this case be dismissed without prejudice for lack of subject
matter jurisdiction and that plaintiff’s motion to proceed in
forma pauperis be denied as moot.
IT IS SO ORDERED.
Dated this 28th day of August, 2017, at Topeka, Kansas.

s/Sam A. Crow
Sam A. Crow, U.S. District Senior Judge

2