Braun v. US Government

Filing 44

ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS in full; granting 41 Motion to Dismiss; granting 39 Motion to Dismiss for Lack of Jurisdiction. Plaintiff's Complaint is DISMISSED without prejudice. Signed by Judge Donald W. Molloy on 12/13/2013. (TAG, )

FILED

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

DAVID STEVEN BRAUN,

DEC 13 2013
Clerk. u.s. District Court
District Of Montana
Missoula

CV 13-36-BU-DWM-JCL

Plaintiff,

vs.

ORDER

U.S. GOVERNMENT,

Defendant.

Plaintiff David Steven Braun is proceeding pro se. He levies a number of
complaints against the government in his Complaint. (Doc. 1.) The United States
has moved to dismiss Mr. Braun's action with prejudice for lack of subject matter
jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)( 1), and for failure
to state any claim upon which relief may be granted, pursuant to Federal Rule of
Civil Procedure 12(b)(6). (Doc. 39.) Braun has moved to dismiss his case without
prejudice so he can seek counsel and potentially re-file his claims in the future.
(Doc. 41.) United States Magistrate Judge Jeremiah C. Lynch entered findings
and his recommendations regarding the pending motions on November 26, 2013.
(Doc. 43.) Pursuant to 28 U.S.C. § 636(b)(1), objections to the Findings and
Recommendations entered by Judge Lynch were due December 10,2013. No
-1­

objections were filed.
When no party objects, the Court reviews the findings and recommendations
ofa United States Magistrate Judge for clear error. McDonnell Douglas Corp. v.

Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error is
present only ifthe Court is left with a "definite and firm conviction that a mistake
has been committed." United States v. Syrax, 235 F.3d 422,427 (9th Cir. 2000).
After a review of Judge Lynch's Findings and Recommendations, I find no
clear error. Plaintiff has not alleged a basis for subject matter jurisdiction.
Dismissal without prejudice pursuant to Federal Rule 12(b)(1) is appropriate.
IT IS ORDERED that Judge Lynch's Findings and Recommendations,
(Doc. 43), are ADOPTED IN FULL. Braun's Motion to Dismiss, (Doc. 41), is
GRANTED. The United States' Motion to Dismiss for lack of subject matter
jurisdiction pursuant to Rule 12(b)(1), (Doc. 39), is GRANTED. Plaintiff's
Complaint is DISMISSED without prejudice. The Clerk of Court shall close this
case.

rt-­
DATED this ~ day ofDecemb

,District Judge
ict Court

/

-2-

l~