Montemayor v. Chudasama, No. 21-10988 (5th Cir. 2022)

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Case: 21-10988 Document: 00516206416 Page: 1 Date Filed: 02/17/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 17, 2022 No. 21-10988 Summary Calendar Lyle W. Cayce Clerk Marco A. Montemayor, Plaintiff—Appellant, versus Nia Chudasama, Officer, Neptune Ventures LLC; Daniel Brooks, Trustee/Independent Bank; David R. Brooks, CEO of Independent Bank; John Romeo, Real Estate Agent; Neptune Ventures, L.L.C.; Ray Washburne; John F. Warren; W. Kenneth Paxton; Eduardo Lopez; Elizabeth Weller; Ray Lee Hunt; Charlie B. Mitchell, Jr., Defendants—Appellees. Appeal from the United States District Court for the Northern District of Texas No. 3:21-CV-2252 Case: 21-10988 Document: 00516206416 Page: 2 Date Filed: 02/17/2022 No. 21-10988 Before Smith, Stewart, and Graves, Circuit Judges. Per Curiam:* Marco Montemayor sued numerous defendants, raising only state-law claims. He made no effort to support federal jurisdiction by showing, inter alia, diversity of citizenship or amount in controversy. The magistrate judge issued a cogent four-page recommendation, including findings and conclusions, calling for the matter to be sua sponte dismissed without prejudice for want of subject-matter jurisdiction. The district court accepted the recommendation and issued a final judgment of dismissal without prejudice. The judgment is AFFIRMED. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2

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