Porter v. Missoula Police Department

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 3 Order. This action is DISMISSED for lack of jurisdiction. Signed by Judge Dana L. Christensen on 6/21/2017. (APP) Copy mailed to Porter

JOSEPH PORTER,
Plaintiff,
ORDER
vs.
MISSOULA POLICE DEPARTMENT,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Order,
Findings and Recommendations on May 31, 2017, recommending dismissal of
Plaintiff Joseph Porter's ("Porter") pleading for lack of jurisdiction. Porter failed
to timely object to the Findings and Recommendations, and so waived his right to
de novo review of the record. 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). Because the parties are familiar with the facts of this case, they will not
be repeated here.
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Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Lynch's conclusion that this matter should be dismissed for
lack of jurisdiction. As discussed by Judge Lynch, Porter's pleading fails to
alleged any facts which would establish this Court's jurisdiction over his claims,
whether under diversity jurisdiction, federal question jurisdiction, or in cases
where the United States is a party. See 28 U.S.C. §§ 1332, 1331, 1345, 1346.
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendations, IT IS ORDERED that:

(1) Judge Lynch's Findings and Recommendations (Doc. 3) are ADOPTED
IN FULL; and
(2) This action is DISMISSED for lack of jurisdiction.
Dated this 2.\ s.t'day of June, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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