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Woolley v. Morgan Moving & Storage, 2:16-cv-216. (2018)

Court: District Court, S.D. Ohio Number: infdco20180614b54 Visitors: 10
Filed: Jun. 13, 2018
Latest Update: Jun. 13, 2018
Summary: ORDER GEORGE C. SMITH , District Judge . On May 4, 2018, the United States Magistrate Judge issued a Report and Recommendation recommending that the Court dismiss this action without prejudice to refiling in state court and that Intervenor Plaintiff's Motion to Remand be denied as moot. ( See Doc. 72). The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objecti
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ORDER

On May 4, 2018, the United States Magistrate Judge issued a Report and Recommendation recommending that the Court dismiss this action without prejudice to refiling in state court and that Intervenor Plaintiff's Motion to Remand be denied as moot. (See Doc. 72). The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objection to the Report and Recommendation. Plaintiff, however, has filed a Motion to Stay this case until his release from prison in June of 2020. He asserts that he does not understand the proceedings and would like to obtain legal counsel upon his release. Based on the findings in the Report and Recommendation, this Court agrees that it lacks subject-matter jurisdiction over this case and therefore cannot stay this matter. This action must be dismissed pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure.

Accordingly, the Report and Recommendation is hereby ADOPTED and AFFIRMED. Plaintiff's Complaint is hereby dismissed for lack of subject-matter jurisdiction under 28 U.S.C. § 1332. The dismissal is without prejudice to refiling in state court. The previously issued Report and Recommendation (Doc. 48) is now MOOT. Intervenor Plaintiff's Motion to Remand (Doc. 55) is DENIED AS MOOT. Plaintiff's Motion to Stay is DENIED.

The Clerk shall remove Documents 48, 55, 72, and 73 from the Court's pending motions list and close this case.

IT IS SO ORDERED.

Source:  Leagle

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