Coleman v. Citizens National Bank

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 16 Report and Recommendations. It is ORDERED that the complaint is DISMISSED with prejudice for lack of subject matter jurisdiction. FED R. CIV. P. 12(b)(1). The dismissal is without prejudice to the re-filing of the claims in an appropriate state court. Any motion not previously ruled on is DENIED. Signed by District Judge Robert W. Schroeder, III on 12/5/2017. (rlf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ALVESTER COLEMAN, et al.

v.

CITIZENS NATIONAL BANK, et al.

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CIVIL ACTION NO. 6:17-cv-500

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, filed on September 26, 2017, recommends that
the complaint be dismissed with prejudice for lack of subject matter jurisdiction. Docket No. 16
at 3.
The Court received acknowledgments of receipt revealing that Plaintiff Alvester Coleman
received the Report and Recommendation on October 2, 2017 and Plaintiff Casandra Coleman
received the Report and Recommendation on October 27, 2017. Docket Nos. 17, 19. The copy
mailed to Plaintiff Daryl Howard at the address provided for him in the Amended Complaint was
returned with the notation, “return to sender, no such number, unable to forward.” Docket No. 18.
No written objections have been filed. The Court therefore ADOPTS the findings and conclusions
of the Magistrate Judge as those of the Court. The case lacks subject matter jurisdiction.
In light of the foregoing, it is

ORDERED that the complaint is DISMISSED with prejudice for lack of subject matter
jurisdiction. FED R. CIV. P. 12(b)(1). The dismissal is without prejudice to the re-filing of the
claims in an appropriate state court. Any motion not previously ruled on is DENIED.
SIGNED this 5th day of December, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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