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Larson v. Doe

United States District Court, N.D. Georgia, Atlanta Division

October 2, 2017

LINDA LARSON, Plaintiff,
v.
HARPO WILL DOE, and all others, Defendants.

          OPINION AND ORDER

          WILLIAM S. DIJFFEY, JR. UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Magistrate Judge John K. Larkins, III's Final Report and Recommendation [3] (“Final R&R”). The R&R recommends this action be remanded to the Magistrate Court of DeKalb County.

         I. BACKGROUND

         On May 4, 2017, Defendant Harpo Will Doe (“Defendant”) filed his application for leave to proceed in forma pauperis (“IFP”) [1]. On May 5, 2017, the Magistrate Judge granted Defendant's IFP application for the limited purpose of dismissal. Defendant filed his Notice of Removal [2] 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 at 1-2).

         On May 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.

         II. ANALYSIS

         A. Legal Standard

         After 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 Cir. 1983).

         B. Discussion

         The Magistrate Judge determined that the Complaint does not contain any federal claims, and removal based on federal question jurisdiction is improper. ([3] 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.[1] (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.[2] 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.

         III. CONCLUSION

         For the foregoing reasons, IT IS HEREBY ORDERED that Magistrate Judge John K. Larkins, III's Final Report and Recommendation [3] is ADOPTED.

         IT IS FURTHER ORDERED that this action is REMANDED to the Magistrate Court of DeKalb County.

         SO ...


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