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16-3490 - Banks v. Enterprise Rental Corp et al

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16-3490 - Banks v. Enterprise Rental Corp et al
December 23, 2016
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that this action be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. (Ordered by Magistrate Judge Renee Harris Toliver on 12/23/2016) (twd)
January 27, 2017
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ORDER: It is therefore ordered that the 7 findings, conclusions, and recommendation of the magistrate judge are adopted. It is further ordered that this case is dismissed without prejudice for lack of subject matter jurisdiction, and plaintiff's 5 motion to proceed in forma pauperis is denied. The court prospectively certifies that any appeal of this action would not be taken in good faith. See 28 U.S.C. ยง 1915(a)(3); Fed. R. App. P. 24(a)(3). (Ordered by Judge Sidney A Fitzwater on 1/27/2017) (ctf)