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16-943 - Jones v. Wright(MAG+)


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16-943 - Jones v. Wright(MAG+)
January 27, 2017
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ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE: It is the RECOMMENDATION of the Magistrate Judge that Plaintiff's 1 Complaint be DISMISSED prior to service of process, pursuant to FRCP 12(h)(3). It is ORDERED that Plaintiff's 2 Motion for leave to proceed in forma pauperis is GRANTED. Further, it is ORDERED that Plaintiff is DIRECTED to file any objections to the said Recommendation on or before 2/10/2017. Plaintiff is advised that this Recommendation is not a final order of the court and, therefore, it is not appealable. Signed by Honorable Judge Wallace Capel, Jr on 1/27/2017. (dmn, )
February 28, 2017
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ORDER as follows: 1. The 5 Objection is OVERRULED. 2. The court adopts the 4 Recommendation of the Magistrate Judge. 3. This case is DISMISSED prior to service of process, pursuant to FRCP 12(h)(3) for lack of subject matter jurisdiction. Signed by Honorable Judge W. Harold Albritton, III on 2/28/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
March 9, 2017
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ORDER: This case is before the court on the document (Doc. 7) filed by the Plaintiff, which the court interprets to be a Motion to Reconsider the 6 Order entered on 2/28/2017, in which the Recommendation of the Magistrate Judge was adopted and the case was dismissed prior to service of process for lack of subject matter jurisdiction. The motion still fails to show any basis for federal court jurisdiction that would allow this court to consider his claims. Therefore, it is hereby ORDERED that the Motion to Reconsider is DENIED.Signed by Honorable Judge W. Harold Albritton, III on 3/9/2017. (dmn, )