Smith v. Jennings et al

Filing 11

ORDER adopting Report and Recommendations re 7 Report and Recommendations. Signed by District Judge Eric F. Melgren on 09/16/2014.Mailed to pro se party Thomas Brian Smith by regular mail. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

THOMAS BRIAN SMITH,
Plaintiff,

vs.

Case No. 14-1256-EFM

REX MICHAEL JENNINGS et al.,

Defendants.

ORDER
This matter is before the Court on Magistrate Judge Kenneth G. Gale's Report and
Recommendation (Doc. 7) that the case be dismissed for lack of federal court jurisdiction.
Plaintiff was advised to serve and file written objections to the proposed recommendation
within fourteen (14) days of being served a copy of the recommendation. The recommendation
was mailed to Plaintiff on August 15, 2014, but due to the fact the Court had a wrong address, it
was returned as undeliverable. On August 28, 2014, the Court was able to personally give
Plaintiff a copy of the recommendation and allowed another 14 days for any objections to be
filed. No objections having been filed, this Court accepts the recommended decision of the
Magistrate Judge and adopts it as its own.

IT IS THEREFORE ORDERED that this Court is adopting the recommendation of the
Magistrate Judge (Doc. 7) and this case is DISMISSED for lack of federal court jurisdiction.
IT IS SO ORDERED.
Dated this 16th day of September, 2014, in Wichita, Kansas.

ERIC F. MELGREN
UNITED STATES DISTRICT JUDGE