Wilson v. Oklahoma, State of et al
MEMORANDUM AND ORDER adopting 8 Report and Recommendations. The present action is dismissed under 28 U.S.C. 1915(e)(2)(B) for failing to state a claim which supports either venue or personal jurisdiction. Signed by District Judge J. Thomas Marten on 10/18/2017. Mailed to pro se party Christina Lynnae Wilson at 328 E Harry St. Wichita, KS 67211 by regular mail. (mam)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
Case No. 17-1195-JTM
STATE OF OKLAHOMA, et al.
MEMORANDUM AND ORDER
This matter comes before the court on the Report and Recommendation of the
United States Magistrate Judge (Dkt. 8), which found that the pro se plaintiff’s claims
arising from a traffic stop in Oklahoma, and subsequent medical treatment in Oklahoma,
should be dismissed for improper venue and lack of personal jurisdiction. The plaintiff has
not responded to the Report and Recommendation.
The Report noted that plaintiff’s claims appeared to be time-barred, as the traffic
stop occurred more than two years before the complaint. (Dkt. 8, at 5 n. 16). However the
Report did not resolve the issue. It did accurately determine (id. at 3-5) that the complaint
fails to present any factual allegations which would support a finding that the District of
Kansas is the proper venue for this action, or any facts to support the exercise of personal
jurisdiction in Kansas over the Oklahoma defendants.
IT IS ACCORDINGLY ORDERED this 18th day of October, 2017, that the Report and
Recommendation is hereby adopted, and the present action is dismissed under 28 U.S.C.
1915(e)(2)(B) for failing to state a claim which supports either venue or personal
___s/ J. Thomas Marten______
J. THOMAS MARTEN, JUDGE
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