Hopson v. Chapin et al
MEMORANDUM AND ORDER adopting 5 Report and Recommendations. Signed by District Judge Monti L. Belot on 3/31/2015.Mailed to pro se party Rita Hopson by regular mail. (smg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
RENEE CHAPIN and JANA READER
MEMORANDUM AND ORDER
This case comes before the court on the following:
Magistrate Kenneth Gale’s report and recommendation (Doc.
5) recommending dismissal pursuant to 28 U.S.C. § 1915(e)(2);
Plaintiff’s objection (Doc. 7).
The standards this court must employ upon review of plaintiff’s
objection to the Recommendation and Report are clear.
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. First, only those portions
of the Recommendation and Report plaintiff specifically identified as
objectionable will be reviewed.
See Gettings v. McKune, 88 F. Supp.
2d 1205, 1211 (D. Kan. 2000).
Second, review of the identified
portions is de novo.
Thus, the Recommendation and Report is given no
See Griego v. Padilla, 64 F.3d 580, 583-84 (10th
Plaintiff filed this action alleging defendants made slanderous
and defamatory statements to Via Christi, her employer, which resulted
The magistrate held that plaintiff’s claims did not invoke this
court’s jurisdiction and, therefore, recommended dismissal.
objection, plaintiff requests that the court “not dismiss [her] case
because one line was not completed.” (Doc. 7). Presumably, plaintiff
is referring to the magistrate’s statement that the only line checked
regarding jurisdiction was diversity.
(Doc. 5 at 6).
however, does not offer any additional basis for jurisdiction in her
Federal courts are courts of limited jurisdiction.
In an action
which does not involve a federal question, such as this one, both
parties must be citizens of different states.
parties in this case are Kansas citizens.
28 U.S.C. § 1332.
Therefore, this court does
not have subject matter jurisdiction over this action and it must be
Laughlin v. KMART Corp., 50 F.3d 871, 873 (10th Cir.
Plaintiff’s objection to Magistrate Judge Gale’s Order are
OVERRULED (Doc. 7) and the court adopts the report and recommendation
in its entirety. (Doc. 5).
This action is dismissed for lack of
subject matter jurisdiction.
Fed. R. Civ. P. 12(h)(3).
IT IS SO ORDERED.
day of March 2015, at Wichita, Kansas.
s/ Monti Belot
Monti L. Belot
UNITED STATES DISTRICT JUDGE
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