Colter v. LaHood et al

Filing 45

ORDER Granting 42 Motion to Dismiss for Lack of Jurisdiction. Plaintiff's Complaint is hereby dismissed with prejudice. Signed by Judge Philip M. Pro on 12/7/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
-oOo-

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RICHARD GLEN COLTER,
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Plaintiff,

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vs.

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RAY LAHOOD, et al.,

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Defendants.
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2:11-CV-00630-PMP-RJJ

ORDER

Before the Court for consideration is the fully briefed Motion of United States

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to Dismiss Plaintiff Colter’s Amended Complaint (Doc. #42) filed October 5, 2011.

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Having read and considered the briefs filed by the Parties on Defendant’s Motion,

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the Court finds that Defendant United States is entitled to the relief requested for the

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reasons set forth in Defendant United States’ Motion (Doc. #42).
Specifically, the Court finds that Plaintiff Colter lacks Article III standing to

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assert the claims alleged in the Amended Complaint (Doc. #29-1) against Defendant

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United States. Additionally, the Court finds that it lacks subject matter jurisdiction

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to hear this case because none of the statutes or authorities cited by Colter reflect a

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waiver of sovereign immunity by Defendant. Moreover, Plaintiff Colter has failed to

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state a claim upon which relief can be granted under the Administrative Procedures

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Act.

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///

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IT IS THEREFORE ORDERED that Defendant United States’ Motion to

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Dismiss Plaintiff’s Amended Complaint (Doc. #42) is GRANTED and that

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Plaintiff’s Complaint is hereby dismissed with prejudice.

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DATED: December 7, 2011.

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PHILIP M. PRO
United States District Judge

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