Schaub v. Cox

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 4 Findings and Recommendations, Order. Signed by Judge Brian Morris on 12/8/2014. (SLL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

CV 14-79-GF-BMM

ROBERT A. SCHAUB,
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

vs.
LACEY CYNTHIANN COX,
Defendant.

Plaintiff Robert Schaub filed a proposed Complaint on October 30, 2014.
(Doc. 2). Schaub proceeds in forma pauperis and seeks to enforce a Hill County
Justice Court judgment against Defendant Cox.
United States Magistrate Judge Keith Strong entered Findings and
Recommendations in this matter on November 4, 2014. (Doc. 4). Judge Strong
reviewed Schaub’s Complaint pursuant to 28 U.S.C. § 1915(e)(2) and
recommended that this Court dismiss Schaub’s Complaint for lack of jurisdiction.
Schaub filed no objections to Judge Stong’s Findings and
Recommendations. When a party makes no objections, the Court need not review
de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S.
140, 149-52 (1986). This Court will review Judge Strong’s Findings and

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Recommendations, however, for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach. Inc., 656 F.2d 1309, 1313 (9th Cir.1981).
This Court finds no clear error in Judge Strong’s Findings and
Recommendations and adopts them in full. Schaub seeks to enforce a Hill County
Justice Court judgment against Cox through his Complaint. (Doc. 2). This Court
lacks jurisdiction under 28 U.S.C. § 1331 since Schaub failed to allege a violation
of a federal right. This Court likewise lacks jurisdiction under 28 U.S.C. § 1332
since there is no diversity of citizenship and the amount in controversy is less than
$75,000. Schaub could not amend his complaint to cure this defect.
IT IS HEREBY ORDERED:
1.

Plaintiff’s Complaint (Doc. 2) is DISMISSED with prejudice.

2.

The Clerk of Court shall have the docket reflect that the Court certifies

pursuant to Federal Rule of Appellate Procedure 24(a)(3)(A) that any appeal of this
decision would not be taken in good faith.
3.

The Clerk is directed to enter judgment accordingly.
DATED this 8th day of December, 2014.

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