In Re Porter

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. This case is DISMISSED. Signed by Judge Dana L. Christensen on 10/31/2016. Mailed to Porter. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT OCT 3 1 2016
FOR THE DISTRICT OF MONTANA
~y~s District Court
MISSOULA DIVISION
-.ouic;(M.Of Montana
ISSOUla

CV 16-128-M-DLC-JCL

JOSEPH PORTER,
Plaintiff,

ORDER
vs.
[UNIDENTIFIED DEFENDANT],
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered findings and
recommendations in this case on September 30, 2016, recommending that the
Plaintiff Joseph Porter's ("Porter") action be dismissed for lack of jurisdiction.
Porter did not object to the findings and recommendations, and so has waived the
right to de novo review thereof. 28 U.S.C. § 636(b)(l)(C). This Court reviews for
clear error those findings and recommendations to which no party objects. See
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists 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) (citations
omitted).
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Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Lynch's conclusion that this matter be dismissed for lack
of jurisdiction. Porter petitioned this Court for an order releasing confidential
criminal justice information on September 28, 2016. Porter used a pre-printed
form document used for filing in the courts of the State of Montana, but submitted
his petition to this Court. In his petition, he identifies a police report, and 911
calls he and another person made on April 9, 2016. Porter does not name a
defendant in his petition, nor does he advance any other legal claim for relief.
Accordingly, the Court finds that it has no jurisdiction under federal question
jurisdiction or diversity jurisdiction in this case.
IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
3) are ADOPTED IN FULL. This case is DISMISSED. The Clerk of Court shall
CLOSE this matter and enter judgment pursuant to Rule 58 of the Federal Rules of
Civil Procedure.
DATED this

31 ~~ay of October, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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