United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DIJFFEY, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court on Magistrate Judge John K.
Larkins, III's Final Report and Recommendation 
(“Final R&R”). The R&R recommends this
action be remanded to the Magistrate Court of DeKalb County.
4, 2017, Defendant Harpo Will Doe (“Defendant”)
filed his application for leave to proceed in forma
pauperis (“IFP”) . On May 5, 2017, the
Magistrate Judge granted Defendant's IFP application for
the limited purpose of dismissal. Defendant filed his Notice
of Removal  the same day. Defendant seeks removal of a
state dispossessory action brought by Plaintiff Linda Larson
(“Plaintiff”) in the Magistrate Court of DeKalb
County, Georgia. The Court notes Defendant has attempted to
remove nearly identical actions to this Court in the past,
and the Court has remanded those cases for lack of subject
matter jurisdiction. See, e.g., Order,
Broadstone Maple, LLC v. Alexander Corporate
Accommodations, LLC, No. 1:16-cv-2774-WSD (N.D.Ga.
August 2, 2016) (Doc. 4). The Court also notes that, because
Defendant is a frequent filer of frivolous lawsuits, the
Court has previously ordered Defendant “to disclose his
full litigation history in any civil rights complaint and/or
[IFP] affidavit that he files.” See, e.g.,
Williams v. Harpo, No. 1:16-cv-12225-WSD (N.D.Ga.
2016) (ECF No. 2 at 2); Harpo v. City of Atlanta,
No. 1:16-cv-1067-WSD (N.D.Ga. 2016) (ECF No. 2 at 1-2);
Harpo v. City of Atlanta, No. 1:14-cv-2157-WSD
(N.D.Ga. 2014) (ECF No. 2 at 1-2); Harpo v. Fulton Cty.
Sheriff, No. 1:14-cv-2208-WSD (N.D.Ga. 2014) (ECF No. 2
5, 2017, the Magistrate Judge issued his Final R&R. The
Magistrate Judge found that the Court lacks subject matter
jurisdiction over Plaintiff's Complaint, and recommends
this action be remanded to the Magistrate Court of DeKalb
County. No objections to the Final R&R have been filed.
conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or
modify a magistrate judge's report and recommendation. 28
U.S.C. § 636(b)(1); Williams v. Wainwright, 681
F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S.
1112 (1983). Where, as here, no party objects to the R&R,
the Court conducts a plain error review of the record.
See United States v. Slay, 714 F.2d 1093, 1095 (11th
Magistrate Judge determined that the Complaint does not
contain any federal claims, and removal based on federal
question jurisdiction is improper. ( at 3). The Magistrate
Judge also determined that Defendant fails to show the Court
has diversity jurisdiction over this action, because his
allegation that “[Plaintiff] is a Georgia citizen and
he is not a citizen of Georgia” does not show the
citizenship of the parties for purposes of 28 U.S.C. §
1332(a). (Id.). Even if Defendant could correct this
deficiency, he cannot meet the amount-in-controversy
requirement, because Plaintiff's dispossesory claim
cannot be reduced to a monetary sum. (R&R at 4). The
Magistrate Judge concluded that the Court lacks subject
matter jurisdiction over this state dispossessory proceeding,
and recommends the Court remand this action to the Magistrate
Court of DeKalb County. The Court finds no plain error in the
Magistrate Judge's findings and recommendation, and this
action is remanded. See Slay, 714 F.2d at 1095.
foregoing reasons, IT IS HEREBY ORDERED that
Magistrate Judge John K. Larkins, III's Final Report and
Recommendation  is ADOPTED.
IS FURTHER ORDERED that this action is
REMANDED to the Magistrate Court of DeKalb