Opinion
No. 3:02-CV-1029-D
July 5, 2002
ORDER
After making an independent review of the pleadings, files, and records in this case, and the June 10, 2002 findings and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct and are therefore adopted.
In response to the magistrate judge's findings and recommendation, plaintiff apologizes for "over reacting" and seeking $20 million for defendant's alleged failure to send him any issues in response to his subscription application and payment. He states that he "will be glad to lower the amount to 200 thousand dollars." This reduction, however, does not alter the magistrate judge's reasoning. Whether plaintiff seeks $200,000 or $20 million, as demonstrated by the cases the magistrate judge cites, see Mag. Rec. at [2], it is abundantly clear that plaintiff has failed to plead a good faith basis for damages in excess of $75,000 based on the fact that a magazine publisher "got [his] money and caused [him] a lot a trouble" and should "pay for all the stuff they have put [him] through." P. Objs. at 1.
Because this dismissal is without prejudice, plaintiff will still be able to file a proper lawsuit in state or county court if he has a legal basis to sue defendant.