Opinion
Civil Action 4:23-cv-02300
10-11-2023
SHEDRICK ALEXANDER d/b/a XTRA LOGISTIC CARRIERS, Plaintiff, v. ALL AROUND FREIGHT and ON THE GO TRUCKING, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Hon. Charles Eskridge United States District Judge
Plaintiff Shedrick Alexander d/b/a Xtra Logistic Carriers proceeds here pro se. He brought this action asserting claims of breach of contract against Defendants All Around Freight & On the Go Trucking. Dkt 1.
Pending is a Memorandum and Recommendation by Magistrate Judge Christina A. Bryan dated July 25, 2023. Dkt 5. She recommends that the complaint be dismissed under Federal Rule of Civil Procedure 12(h)(3) because the Court lacks subject matter jurisdiction over the case.
The district court reviews de novo those conclusions of a magistrate judge to which a party has specifically objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see also United States v Wilson, 864 F.2d 1219, 1221 (5th Cir 1989, per curiam). The district court may accept any other portions to which there's no objection if satisfied that no clear error appears on the face of the record. See Guillory v PPG Industries Inc, 434 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b) advisory committee note (1983).
None of the parties filed objections. No clear error otherwise appears upon review and consideration of the Memorandum and Recommendation, the record, and the applicable law.
The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 5.
This case is DISMISSED WITHOUT PREJUDICE to refiling in a forum of competent jurisdiction.
A final judgment will issue separately.
SO ORDERED.