Summary
The United States District Court for the Western District of Texas adopted a magistrate judge's Report and Recommendation and dismissed Robert's pro se complaint against the State of Texas Vital Statistics Registrar Office for lack of subject-matter jurisdiction. The court overruled Robert's objections, found that the complaint presented neither a federal question nor alleged diversity jurisdiction, and directed the Clerk to close the case.
Holdings
- General objections that do not specifically identify an alleged factual or legal error do not require de novo review; the district court may review the unobjected-to recommendations for clear error or whether they are contrary to law.
- The complaint did not establish federal subject matter jurisdiction because it presented no federal question and did not allege diversity jurisdiction; the action was therefore dismissed.
Questions Presented
- Whether the plaintiff's general objections to the magistrate judge's Report and Recommendation required de novo review.
- Whether the complaint established federal subject matter jurisdiction over the plaintiff's request to change or revert his legal name and birth-certificate records.
Disposition
dismissed
Cases Cited (3)
- Battle v. United States Parole Commission, 834 F.2d 419, 421 (5th Cir. 1987)(followed)
- Thomas v. Arn, 474 U.S. 140, 151 (1985)(followed)
- United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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