Hatten v. Baumann et al

Filing 32

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The court construes the reply to the Report and Recommendation as a motion that the claim against defendant Martin be voluntarily dismissed. Plaintiff's motion to volutarily dismiss the claim against defendant Martin is granted. Signed by Judge Marcia A. Crone on 9/1/10. (mrp, )

Hatten v. Baumann et al

Doc. 32

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

CHAD HATTEN, Plaintiff, versus MIKE MARTIN, Defendant.

§ § § § § § § § §

CIVIL ACTION NO. 1:07-CV-936

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Chad Hatten, proceeding pro se, filed the above-styled lawsuit against David Baumann and Mike Martin. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. Plaintiff filed this lawsuit invoking the court's diversity jurisdiction pursuant to 28 U.S.C. § 1332. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending this matter be dismissed without prejudice for lack of subjectmatter jurisdiction. The recommendation was based on the conclusion that as plaintiff and defendant Martin have the same domicile, complete diversity did not exist and the court's diversity jurisdiction could not be invoked. Plaintiff filed a reply to the Report and Recommendation in which he asked that his claim against defendant Martin be dismissed so that he could proceed with his claim against defendant Baumann.

Dockets.Justia.com

The court has entered an order severing the claim against defendant Baumann and providing that it proceed as a separate lawsuit. The court construes the reply to the Report and Recommendation as a motion that the claim against defendant Martin be voluntarily dismissed. ORDER In light of the foregoing, plaintiff's motion to voluntarily dismiss the claim against defendant Martin is GRANTED. The report of the magistrate judge is PARTIALLY ADOPTED to the extent it recommends dismissal of this action. As defendant Martin is the sole remaining defendant in this lawsuit, a final judgment will be entered dismissing this lawsuit pursuant to Federal .Rule of Civil Procedure 41(a). SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 1st day of September, 2010.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

2