Edwards v. North Park Mall
ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting plaintiff's 2 Motion to Proceed In Forma Pauperis; this case is dismissed without prejudice. Signed by District Judge Louis Guirola, Jr on 2/12/18. [copy mailed to plaintiff] (RRL)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CAUSE NO. 3:17CV973-LG-LRA
NORTH PARK MALL
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING IN FORMA PAUPERIS STATUS,
AND DISMISSING CASE
BEFORE THE COURT is the  Report and Recommendation of
Magistrate Judge Linda R. Anderson. Magistrate Judge Anderson reviewed
Plaintiff’s application to proceed in forma pauperis and the allegations of Plaintiff’s
Complaint. Judge Anderson found that Plaintiff was a pauper and should be
allowed to proceed without prepayment for fees. However, the allegations of
Plaintiff’s Complaint did not establish either diversity or federal question
jurisdiction, since they concern incorrect prices or price changes at Northpark Mall
in Jackson, Mississippi. Accordingly, Judge Anderson recommended that the 
Motion to Proceed In Form Pauperis be granted, and the case dismissed pursuant to
Federal Rule of Civil Procedure 12(h)(3) for lack of subject-matter jurisdiction.
Plaintiff was advised she could file objections within fourteen days of receiving the
Report and Recommendation.
The Report and Recommendation was mailed to Plaintiff at her address of
record on January 18, 2018, and there has been no response or objection filed.
Therefore, the Court need only review the Report and Recommendation and
determine whether it is either clearly erroneous or contrary to law. United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
After having reviewed the Report and Recommendation, the record in this
case, and the relevant law, the Court finds the Magistrate Judge’s conclusions
neither clearly erroneous nor contrary to law. The Court will grant Plaintiff in
forma pauperis status and dismiss this case without prejudice.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation  of United States Magistrate Judge Linda R. Anderson entered
in this cause on January 18, 2018, should be, and the same hereby is, ADOPTED
as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s  Motion
to Proceed In Forma Pauperis is GRANTED.
IT IS FURTHER ORDERED AND ADJUDGED that this case is
DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil
Procedure 12(h)(3) for lack of subject-matter jurisdiction. A separate judgment will
SO ORDERED AND ADJUDGED this the 12th day of February, 2018.
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE
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