Beneficial Financial Inc v. Smith

Filing 11

ORDER ACCEPTING 8 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This case is REMANDED to the County Court at Law No. 5, Dallas County, Texas. (Ordered by Senior Judge A. Joe Fish on 2/25/2014) (tln)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

BENEFICIAL FINANCIAL, INC., its
successors and assigns,
Plaintiff,
VS.
YADA SMITH, and/or all other
occupants,
Defendant.

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CIVIL ACTION NO.
3:14-CV-0123-G (BN)

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

After making an independent review of the pleadings, files, and records in this
case, and the findings, conclusions, and recommendation of the United States
Magistrate Judge dated February 6, 2014, the court finds that the findings,
conclusions, and recommendation of the magistrate judge are correct and they are
accepted as the findings, conclusions, and recommendation of the court. The
defendant objected that the plaintiff waived its objections to subject-matter
jurisdiction. See Objections at 2 (docket entry 9). However, “[i]t is axiomatic that
the federal courts have limited subject matter jurisdiction and cannot entertain cases

unless authorized by the Constitution and legislation. . . . parties can never consent
to federal subject matter jurisdiction, and lack of such jurisdiction is a defense which
cannot be waived.” Coury v. Prot, 85 F.3d 244, 248 (5th Cir. 1996) (internal citation
omitted). Therefore, the defendant’s objections are overruled.
It is therefore ORDERED that the findings, conclusions, and recommendation
of the United States Magistrate Judge are accepted. This case is REMANDED to the
County Court at Law No. 5, Dallas County, Texas. The clerk shall mail a
certified copy of this order to the county clerk of Dallas County, Texas. 28 U.S.C.
§ 1447(c).

February 25, 2014.

___________________________________
A. JOE FISH
Senior United States District Judge

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