Perry v. Arkansas City, City of et al

Filing 13

MEMORANDUM AND ORDER granting 11 Report and Recommendations. The present matter is hereby dismissed for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii) and for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(h)(3). Signed by District Judge J. Thomas Marten on 10/18/2017. Mailed to pro se party Timothy A. Perry at 211 1/2 E. Central Ave, Arkansas City, KS 67005 by regular mail. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

TIMOTHY A. PERRY,
Plaintiff,
vs.

Case No. 17-1157-JTM

CITY OF ARKANSAS CITY, KANSAS, et al.
Defendants.

MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation of the
United States Magistrate Judge (Dkt. 11), which summarized the pro se plaintiff’s history
of litigation against various officers and agents of Arkansas City, Kansas. This previous
litigation resulted in the imposition of filing restrictions in 2014. Perry filed the present
action without compliance with those restrictions, and the Magistrate Judge issued a show
cause order (Dkt. 7) based up this failure.
The plaintiff has made no response or objection to the subsequent Report and
Recommendation, in which the Magistrate Judge found that plaintiff had indeed failed to
comply with the filing restrictions, but did not determine whether the case should be
dismissed on those grounds, finding instead that the matter should be dismissed on the
merits.

The court hereby adopts and incorporates the Report and Recommendation. The
vague and conclusory federal claims advanced by the plaintiff fail to present any plausible
claim of deprivation of his constitutional rights. (Dkt. 11, at 9-11). And the court lacks
jurisdiction to hear the various state law claims advanced against the defendants. (Id. at 1112).
IT IS ACCORDINGLY ORDERED this 18th day of October, 2017, that the Report and
Recommendation is adopted, and the present matter is hereby dismissed for failure to state
a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii) and for lack of
subject-matter jurisdiction under Fed. R. Civ. P. 12(h)(3).

___s/ J. Thomas Marten______
J. THOMAS MARTEN, JUDGE

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