Meyer v. Hiser

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The complaint is DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction. The dismissal is without prejudice to the re-filing of Plaintiffs claims in an appropriate state court. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 12/03/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN LEE MEYER
v.
FLOYD HISER

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CIVIL ACTION NO. 6:14cv744

ORDER ADOPTING REPORT AND
RECOMMENDADTION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this case, has been presented for
consideration. The Report and Recommendation (Doc. No. 6) recommends that the complaint be
dismissed with prejudice for lack of subject matter jurisdiction, but without prejudice to the refiling of Plaintiff’s claims in an appropriate state court. Plaintiff filed written objections to the
Report and Recommendation on November 26, 2014 (Doc. No. 10).
Having made a de novo review of the written objections filed by Plaintiff, the findings
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and conclusions of the Magistrate Judge are correct and the objections are without merit. It is
therefore ORDERED that the complaint is DISMISSED WITH PREJUDICE for lack of

subject matter jurisdiction. The dismissal is without prejudice to the re-filing of Plaintiff’s
claims in an appropriate state court.
All motions by either party not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 3rd day of December, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE