Strouse v. Strouse

Filing 8

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 4 Report and Recommendations. Therefore, the above titled and numbered cause of action is hereby DISMISSED WITHOUT PREJUDICE to its refiling in a court of competent jurisdiction. Signed by Judge Amos L. Mazzant, III on 11/9/2016. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

JAMES BRANDON STROUSE
Plaintiff,
V.
SUSAN STROUSE
Defendant.

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CASE NO. 4:16CV707
Judge Mazzant/Judge Johnson

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. §636. On September 20, 2016, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that this case should be DISMISSED WITHOUT
PREJUDICE due to lack of subject matter jurisdiction (see Dkt. #4).
The record in this case indicates that Plaintiff received a copy of the Magistrate Judge’s
report and recommendation on October 18, 2016 (see Dkt. 7). Accordingly, the deadline to file
objections was November 4, 2016. See 28 U.S.C.A. § 636(b)(1)(C); LOCAL RULE CV-6. Although
no document specifically expressing objections to the Magistrate Judge’s report and
recommendation has been filed, the Court notes that on October 18, 2016, Plaintiff filed a document
entitled “On Petition to Dismiss Without Prejudice Voluntarily, District Court Lacks Jurisdiction
Thereof Executor’s Fiduciary Duties in Complaint Filed by Hier [sic] to the Decedent’s Estate.” See
Dkt. #6. Although the intended purpose of Plaintiff’s “motion” (Dkt. #6) with respect to this case is
unclear, to the extent that it is intended to express objections to the Report and Recommendation of
the Magistrate Judge, the document fails to provide any discussion, argument, legal authority, or
other details in support of his purported objections.
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Having received the report of the United States Magistrate Judge, and finding no meaningful
objections thereto having been timely filed, this Court is of the opinion that the findings and
conclusions of the Magistrate Judge are correct and hereby adopts the Magistrate Judge's report as
. the findings and conclusions of the Court.
Therefore, the above titled and numbered cause of action is hereby DISMISSED
WITHOUT PREJUDICE to its refiling in a court of competent jurisdiction.
IT IS SO ORDERED.
SIGNED this 9th day of November, 2016.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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