Mitchell v. State of Texas

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION VIRGIL MITCHELL, * * Plaintiff, * * vs. * CIVIL ACTION NO. 21-00376-CG-B * STATE OF TEXAS, * * Defendant. * REPORT AND RECOMMENDATION This action, which has been referred to the undersigned for appropriate action pursuant to 28 U.S.C. § 636(b)(1)(B) and S.D. Ala. GenLR 73, is before the Court on review. For the reasons set forth below, it is RECOMMENDED that Plaintiff Virgil Mitchell’s amended complaint be DISMISSED without prejudice under Fed. R. Civ. P. 12(h)(3) for lack of subject matter jurisdiction…