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

Download PDF
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. -1- 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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?