Cook v. Crownover

Filing 9

MEMORANDUM AND ORDER adopting 6 Report and Recommendations. The present action is hereby DISMISSED this 9th day of June, 2017. Signed by District Judge J. Thomas Marten on 06/09/2017. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

Shay Cook
Plaintiff,
vs.

Case No. 17-1059-JTM

Rocky Crownover,
Defendant.

MEMORANDUM AND ORDER

This matter is before the court following the Report and Recommendation of the
United States Magistrate Judge (Dkt. 6), who granted plaintiff Shay Cook’s motion to
proceed in forma pauperis, but also recommended that the court dismiss the action for lack
of federal jurisdiction. The complaint alleges that plaintiff’s great uncle “forged signatures
on Quit Claim Deeds resulting in transferring property out of my name illegally.” (Dkt. 1,
at 3). In the portion of the form complaint asking the grounds for federal jurisdiction, the
plaintiff did not check the boxes for any federal statutory or civil rights violations, and
wrote simply “Property Theft.” Id. The Magistrate Judge recommended dismissal, given
the absence of any “federal statute or authority as basis for her claim.” (Dkt. 6, at 6).

Cook has filed an objection to the Report, stressing both that defendant Rocky
Crownover “met with plaintiff on two separate occasions to talk about what he had done
and admitted this on one occasion,” and citing the Kansas statute, K.S.A. 58-2209, which
requires signatures for the conveyance of real property. (Dkt. 8, at 1). As a result, the
plaintiff has still failed to supply any basis for federal jurisdiction over what appears to be
a dispute arising entirely under state law. Accordingly, the objection is overruled.
The court adopts the Report and Recommendation, and the present action is hereby
DISMISSED this 9th day of June, 2017.

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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