-JKG Kitchens v. Becraft et al, No. 6:2011cv00198 - Document 12 (E.D. Tex. 2011)
Court Description: MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT for 9 Report and Recommendation. Signed by Judge Leonard Davis on 7/18/2011. (kls, )
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ly ORDERED that the Report of the Magistrate Judge (Docket no. 9) is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action be and hereby is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. It is further The Court notes that Kitchens argues in his objections that the Court, as a “military tribunal exercising admiralty jurisdiction,” lacks jurisdiction over his claims, which jurisdiction may only be exercised by a “constitutional common law court under the American flag of peace.” Were this ludicrous argument somehow correct, the Court would lack jurisdiction over Kitchens’ lawsuit, and would have to dismiss the case for that reason. 1 4 ORDERED that any and all motions which may be pending in this action are hereby DENIED. So ORDERED and SIGNED this 18th day of July, 2011. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 5
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