Summary
This United States District Court order adopts a Magistrate Judge’s proposed findings and recommendation to dismiss the plaintiff’s case without prejudice due to a lack of subject-matter jurisdiction. The court also denies the plaintiff’s application to proceed without prepaying fees or costs. Because the plaintiff failed to file timely objections to the magistrate’s report, the court waived de novo review and adopted the recommendations.
Topics
Practice areas
Questions Presented
- Whether the district court has original subject‑matter jurisdiction over Plaintiff's claims under 28 U.S.C. §1915(e) and Rule 12(h)(3).
Holdings
- The court lacks original subject‑matter jurisdiction and therefore dismisses the action without prejudice.
Key quotations
“the absence of subject matter jurisdiction cannot support a dismissal with prejudice, ‘because a court that lacks jurisdiction has no power to adjudicate and dispose of a claim on the merits.”
Factual background
James W. Shepherd filed a civil action against Sally T. Shepherd and others. The court found it lacked original subject‑matter jurisdiction over the plaintiff's claims.
Procedural history
Plaintiff filed a civil action. The magistrate judge issued a proposed findings and recommendation recommending dismissal for lack of subject‑matter jurisdiction. Plaintiff filed no objections, waiving de novo review. The district court adopted the recommendation and dismissed the case without prejudice.