Piccolo v. Alaimo et al
Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 . ORDERED that plaintiff's complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Judge Carl Barbier.(gec, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PICCOLO
CIVIL ACTION
VERSUS
NO. 12-509
ALAIMO ET AL
SECTION “J”(3)
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an
objection to the Magistrate Judge’s Report and Recommendation, hereby approves the Report and
Recommendation of the United States Magistrate Judge and adopts it as the Court’s opinion in this
matter, with the sole exception that the dismissal should be without prejudice, for lack of subject
matter jurisdiction.1 Accordingly,
IT IS ORDERED that plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for
lack of subject matter jurisdiction.
New Orleans, Louisiana, this 30th day of May, 2012.
UNITED STATES DISTRICT JUDGE
1
Because the dismissal is made due to a lack of subject matter jurisdiction, the dismissal should be without
prejudice. See Ramming v. U.S., 281 F.3d 158, 161 (5th Cir. 2001) (“The court’s dismissal of a plaintiff’s case because
the plaintiff lacks subject matter jurisdiction is not a determination of the merits and does not prevent the plaintiff from
pursuing a claim in a court that does have proper jurisdiction.”).
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