UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
October 25, 2012
JANE S. LANGSTON, PLAINTIFF,
AHMAD KASSEM, AND SOBHI AHMAD KASSEM, DEFENDANTS.
The opinion of the court was delivered by: B. Lynn Winmill Chief Judge United States District Court
Plaintiff filed a "Complaint" on August 7, 2012, which purports to remove a case from the District Court of the 361st Judicial District of the State of Texas, In and For the County of Brazos, Case No. 11-001889-CV-361. No pleadings or forms of process from this Texas case are attached as required by 28 U.S.C. § 1446(a). It appears from the Complaint she filed, however, that Plaintiff is attempting toremove a state court action involving an action to quiet title pending in Texas to this federal district court.
On September 24, 2012, U.S. Magistrate Judge Candy W. Dale entered an Initial Review Order recommending dismissal of this action for lack of jurisdiction and deeming the Application to Proceed In Forma Pauperis (Dkt. 1) and the Motion to Dismiss (Dkt. 7) moot. The Court has reviewed Judge Dale's Initial Review Order, as well as the applicable filings by Plaintiff, and concludes that Judge Dale's Initial Review Order is well founded in law and consistent with the Court's own view of the evidence in the record. The Court will therefore dismiss this action consistent with Judge Dale's recommendation.
1. Having reviewed the Initial Review Order (Dkt. 12), the Court finds that Judge Dale's recommendation that this case be dismissed for lack of jurisdiction is well founded in law and consistent with the Court's own view of the evidence in the record. Therefore, acting on the recommendation of Magistrate Judge Dale, and this Court being fully advised in the premises, IT IS HEREBY ORDERED that the Initial Review Order entered on September 24, 2012, (Dkt. 12), shall be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety.
2. This matter is DISMISSED and the Application to Proceed In Forma Pauperis (Dkt. 1) and the Motion to Dismiss (Dkt. 7) are deemed MOOT.
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