Reiffin v. Hoey

Filing 48

JUDGMENT OF DISMISSAL. The Clerk of Court shall close the file. Signed by Magistrate Judge Howard R. Lloyd on 1/3/2012. (hrllc1, COURT STAFF) (Filed on 1/3/2012)

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** E-filed January 3, 2012 **

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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MARTIN REIFFIN,

No. C11-04625 HRL

Plaintiffs,

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JUDGMENT OF DISMISSAL

v.
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BEVERLY HOEY,
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Defendants.
____________________________________/

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Plaintiff Martin Reiffin has filed a pro se complaint against defendant Beverly Hoey

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claiming that Hoey misrepresented federal patent laws. Hoey moved to dismiss for lack of subject

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matter jurisdiction. In its order of January 1, 2012, this court granted Hoey’s motion, denied all

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other pending motions, and dismissed the complaint. See Dkt. No. 47.

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A dismissal for lack of subject matter jurisdiction is not a judgment on the merits and has no

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res judicata effect except as to the jurisdictional issue decided. See Fed. R. Civ. P. 41(b); Verret v.

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Elliot Equipment Corp., 734 F.2d 235, 238 (5th Cir. 1984); Shockley v. Jones, 823 F.2d 1068, 1073

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(7th Cir. 1987). Accordingly, the Clerk of the Court shall enter Judgment of dismissal without

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prejudice of the complaint and claims therein, furnish copies to plaintiff and defendant, and close

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the file.

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IT IS SO ORDERED.
Dated: January 3, 2012
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C11-04625 HRL Notice will be electronically mailed to:

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Martin Gardner Reiffin
47 Pheasant Run Terrace
Danville, CA 94506

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Beverly M Hoey
313 Ray Street
Pleasanton, CA 94566
Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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