Fisher v. Madlock et al

Filing 80

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 77 Report and Recommendations. The court overrules plaintiff's objection. Plaintiff's claims against defendants are dismissed for lack of subject-matter jurisdiction. Signed by District Judge J. Campbell Barker on 1/10/2023. (ndc)

Case 6:18-cv-00083-JCB-KNM Document 80 Filed 01/10/23 Page 1 of 2 PageID #: 346

No. 6:18-cv-00083
James H. Fisher,
Plaintiff,
v.
Matthew N. Madlock et al.,
Defendants.
ORDER
Plaintiff James H. Fisher, proceeding pro se and in forma pauperis, filed the above-styled and numbered civil-rights lawsuit pursuant to 28 U.S.C. § 1332. The case was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a report and recommendation (Doc. 77) concluding that plaintiff’s claims against defendants should be dismissed for lack of subject- matter jurisdiction.
Plaintiff filed objections to the report. Doc. 79. The court reviews
the objected-to portions of a magistrate judge’s report and recommendation de novo. See Fed. R. Civ. P. 72(b)(3); 28 U.S.C.
§ 636(b)(1). The magistrate judge recommended dismissal of plaintiff’s suit because the amount in controversy failed to the meet the
jurisdictional minimum at the time of the filing of the original complaint. 28 U.S.C. § 1332(a)–(a)(1). Plaintiff’s objection to the report
does not reflect that he met the amount in controversy required at
the time of filing. Doc. 79.
Having reviewed the magistrate judge’s report de novo and being
satisfied that it contains no error, the court overrules plaintiff’s objection and accepts the report’s findings and recommendation.
Plaintiff’s claims against defendants are dismissed for lack of subject-matter jurisdiction.

Case 6:18-cv-00083-JCB-KNM Document 80 Filed 01/10/23 Page 2 of 2 PageID #: 347

So ordered by the court on January 10, 2023.

J. C A M P BE L L B A R K E R
United States District Judge

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