UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00519 DeMichael Mims, Plaintiff, V. Wells Fargo Bank, Defendant.

ORDER Plaintiff DeMichael Mims, proceeding pro se, filed this law- suit alleging breach of contract and breach of fiduciary duty by defendant Wells Fargo Bank. The case was referred to United States Magistrate Judge John D. Love. On October 30, 2023, the magistrate judge issued a report recommending that this case be dismissed without prejudice for lack of subject-matter jurisdic- tion. Doc. 4. Plaintiff filed objections to the report and recom- mendation. Doc. 7. The court reviews the objected-to portions of a report and rec- ommendation de novo.

(b)(1). In conducting a de novo review, the court examines the entire record and makes an in- dependent assessment under the law. Douglass v. United Servs. Auto. Ass’n,

(5th Cir. 1996) (en banc). In his objections, plaintiff maintains his assertions that de- fendant is breaching its fiduciary duty by failing to follow plain- tiff’s instructions to apply credits to his principal balance, holding his securities from him, and closing his account without his au- thorization. Doc. 7. These objections simply restate plaintiff’s al- legations and fail to show how the court has subject-matter juris- diction over any such claims. The court has reviewed the plead- ings and filings in this case and agrees that it lacks subject-matter jurisdiction.

Accordingly, this case is dismissed without prejudice for lack of subject-matter jurisdiction. All motions pending in this civil ac- tion are denied. So ordered by the court on December 4, 2023.

ji CAMPBELL BARKER United States District Judge

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