Edwards v. Shell Gas Station, et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS GRANTING IN FORMA PAUPERIS STATUS AND DISMISSING CLAIM re: 3 Report and Recommendations Signed by District Judge Louis Guirola, Jr on 2/12/18 (PKM)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CAUSE NO. 3:17CV976-LG-LRA
SHELL GAS STATION, ET AL.
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 Plaintiff’s use of a credit card at various gas
stations. Accordingly, Judge Anderson recommended that the  Motion to Proceed
In Forma 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
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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