Alexander v. City Of Tyler et al

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS. The Court ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. IT IS ORDERED that the complaint is DISMISSED with prejudice for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B). Signed by Judge Robert W. Schroeder, III on 10/3/2017. (rlf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
KENNETH “KENNY” ALEXANDER

v.

CITY OF TYLER, et al.

§
§
§
§
§
§
§
§

CIVIL ACTION NO. 6:17cv412

ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of the complaint, has been presented for
consideration. The Report and Recommendation (Docket No. 12), filed on August 2, 2017,
recommends that the complaint be dismissed with prejudice for lack of subject matter jurisdiction
and failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B). The
Report and Recommendation was sent to Plaintiff via certified mail, and it was returned to the
Court as “unclaimed” on September 20, 2017. No written objections have been filed. The Court
therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court.
Plaintiff has not identified a basis for federal court jurisdiction and has not stated a claim upon
which relief may be granted. In light of the foregoing, it is
ORDERED that the complaint is DISMISSED with prejudice for lack of subject matter
jurisdiction and failure to state a claim upon which relief may be granted.
1915(e)(2)(B).

28 U.S.C. §

So ORDERED and SIGNED this 3rd day of October, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE