Edwards v. Seago

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS: dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED AND ADJUDGED that Plaintiffs 2 Motion to Proceed In Forma Pauperis is GRANTED. Signed by District Judge Louis Guirola, Jr on 3/29/2018 (LAT)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
KIMBERLY EDWARDS
v.

PLAINTIFF
CAUSE NO. 3:18CV135-LG-LRA

DR. DAVID SEAGO

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING IN FORMA PAUPERIS STATUS,
AND DISMISSING CASE
BEFORE THE COURT is the [3] Report and Recommendation of
Magistrate Judge Linda R. Anderson. 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 state law medical malpractice claims filed against a
non-diverse defendant. Accordingly, Judge Anderson recommended that the [2]
Motion to Proceed In Forma Pauperis be granted, and the case be dismissed without
prejudice pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of subjectmatter 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 March 7, 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. See 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 that Judge Anderson’s conclusions are
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 [3] of United States Magistrate Judge Linda R. Anderson entered
in this cause on March 7, 2018, should be, and the same hereby is, ADOPTED as
the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s [2] 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
enter.
SO ORDERED AND ADJUDGED this the 29th day of March, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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