Woodard v. Capital One Automotive Financing

Filing 12

JUDGMENT ADOPTING Report and Recommendation ; mooting 7 Motion to Dismiss for Failure to State a Claim. IT IS ORDERED that the above-captioned complaint is hereby DISMISSED, without prejudice, for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that the motion to dismiss for failure to state a claim upon which relief can be granted 7 filed by defendant, is DENIED, as moot. Signed by Chief Judge Robert G James on 2/21/12. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION RANDALL D. WOODARD * CIVIL ACTION NO. 11-2102 VERSUS * JUDGE ROBERT G. JAMES CAPITAL ONE AUTOMOTIVE FINANCING * MAG. JUDGE KAREN L. HAYES JUDGMENT The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter, IT IS ORDERED that the above-captioned complaint is hereby DISMISSED, without prejudice, for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(h)(3). IT IS FURTHER ORDERED that the motion to dismiss for failure to state a claim upon which relief can be granted [doc. # 7] filed by defendant, Capital One Auto Finance, (improperly named in the complaint as “Capital One Automotive Financing”) is DENIED, as moot. THUS DONE AND SIGNED this 21st day of February, 2012, at Monroe, Louisiana.

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