Lietzke v. City of Montgomery et al

Filing 8

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Brian Morris on 2/5/2015. (SLL, ) Modified on 2/5/2015 to reflect copy mailed to Bill Lietzke(ACC, ).

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

CV 15-11-GF-BMM

BILL LIETZKE,
Plaintiff,

ORDER ADOPTING FINDINGS
AND RECCOMENDATIONS OF
MAGISTRATE JUDGE

vs.
CITY OF MONTGOMERY, TODD
STRANGE, and KEVIN MURPHY,
Defendants.

Plaintiff Bill Lietzke filed a complaint on January 16, 2015, that alleged
numerous tort claims and claims based on violations of his constitutional rights
against the city of Montgomery, Alabama and its law enforcement officers. (Doc.
2). Lietzke’s claims arise from an incident that took place in Montgomery,
Alabama. Id. Lietzke proceeds pro se.
United States Magistrate Judge Johnston entered Findings and
Recommendations in this matter on January 21, 2015. (Doc. 4). Judge Johnston
granted Lietzke’s motion to proceed in forma pauperis. Id. Judge Johnston
concluded that this Court lacks jurisdiction over Liezke’s claim and that venue
would be improper in the District of Montana. Id. Judge Johnston recommended
that this Court dismiss Lietzke’s complaint with prejudice. Id.
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Lietzke filed objections to Judge Johnston’s Findings and Recommendations
on January 30, 2015, January 30, 2015, and on February 2, 2015. (Doc. 5, 6, 7).
The Court will review de novo the portions of the Findings and Recommendations
to which Lietzke’s has filed timely objections. 28 U.S.C. § 636(b)(1).
Lietzke’s timely objections appear to be proposed orders regarding Lietzke’s
claims. (Doc. 5, 6, 7). Lietzke fails to object to any particular factual finding or
recommendation of Judge Johnston. The Court will review for clear error the
remainder of the Findings and Recommendations. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court
finds no clear error in Judge Johnston’s Findings and Recommendations, and
adopts them in full.
None of the parties in this case are found in Montana. The Court lacks
personal jurisdiction. Fed. R. Civ. P. 4(k)(1)(A); Mont. R. Civ. P. 4(b)(1). Lietzke
did not reside in Montana at the commencement of this action and no defendant
resides in Montana. Liezke’s claims arise from actions that took place outside
Montana. Venue is improper in any division of the Court. Local Rule 3.2(b); 28
U.S.C. § 1291(b). These defects could not be cured by any amendment.
IT IS HEREBY ORDERED:
1.

Plaintiff’s complaint (Doc. 2) is DISMISSED WITH PREJUDICE.

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2.

Judge Johnston’s Findings and Recommendations (Doc. 4) are ADOPTED
IN FULL.

3.

The Clerk is directed to have the docket reflect that the Court certifies

pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any
appeal of this decision would not be taken in good faith.
DATED this 5th day of February, 2015.

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