WALLACE CAPEL, Jr., Magistrate Judge.
Plaintiff filed his Complaint on June 5, 2013 (Doc. 1). On June 7, 2013, the District Judge entered an Order (Doc. 2) referring this matter to the undersigned Magistrate Judge "for all pretrial proceedings and entry of any orders or recommendations as may be appropriate." Upon review of the Complaint, and for the reasons that follow, the undersigned RECOMMENDS that this case be DISMISSED for lack of subject matter jurisdiction.
"[It] is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking". . . and, "[i]f the court finds that it does not have subject matter jurisdiction, the court's sole remaining act is to dismiss the case for lack of jurisdiction." Guevara v. Republic of Peru, 468 F.3d 1289, 1305 (11th Cir. 2006). See also Smith v. GTE Corp., 236 F.3d 1292, 1299 (11th Cir. 2001) ("[B]ecause a federal court is powerless to act beyond its statutory grant of subject matter jurisdiction, a court must zealously insure that jurisdiction exists over a case, and should itself raise the question of subject matter jurisdiction at any point in the litigation where a doubt about jurisdiction arises.") (citing Fitzgerald v. Seaboard Sys. R.R., Inc., 760 F.2d 1249, 1251 (11th Cir. 1985)). The court has undertaken such a sua sponte review and has determined that dismissal of this action is necessary.
Plaintiff has filed a pro se Complaint in this case, referring to himself as "i: a man; prosecutor," against the "Department of Human Resources." Plaintiff claims that the "wrongdoer(s)" trespassed on his property, through a "forged instrument," which did and does cause "harm and injury to [his] property." The trespass began in August of 2001 and continues to at least the filing of this Complaint. Plaintiff is seeking "Three-hundred and Seventy-One million, Five-hundred and Twenty thousand dollars."
The court must first note that a review of Plaintiff's Complaint reveals nothing about Plaintiff's claims. That is however, no matter for the court's analysis here. Plaintiff is attempting to file suit against the State of Alabama Department of Human Resources ("DHR"), or possibly a county DHR,
Accordingly, it is the RECOMMENDATION of the undersigned Magistrate Judge that this case be DISMISSED for lack of subject matter jurisdiction.
It is further
ORDERED that on or before
Failure to file written objections to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Sec., Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc) (adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981).