Martin v. Metro Police Department et al

Filing 10

ORDER Adopting and Affirming 5 Report and Recommendation to Dismiss Complaint. Signed by Judge Kent J. Dawson on 10/3/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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COLLIS MARTIN,

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Plaintiff,

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v.

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JOHN DOE, et al.,

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Case No. 2:11-CV-00658-KJD-CWH

Defendants.

ORDER

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Plaintiff filed this action pursuant to 42 U.S.C. § 1983. On August 10, 2011, Magistrate

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Judge George W. Foley issued an Order and Findings and Recommendations (#5) recommending

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that Plaintiff’s complaint be dismissed with prejudice because the Court does not have jurisdiction to

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hear appeals from the rulings of a state trial court. Objections to the findings and recommendation

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were due no later than August 27, 2011. More than the allotted time has elapsed and Plaintiff has not

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filed objections. Accordingly, this entire action will be dismissed because the Court does not have

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jurisdiction to hear appeals from the rulings of a state trial court.

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Furthermore, Court mail addressed to Plaintiff has been returned as undeliverable.

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Accordingly, even if the Court were not dismissing the action for lack of jurisdiction, the Court

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would dismiss the complaint against defendants without prejudice in accordance with Local Special

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Rule 2-2 for Plaintiff’s failure to update his current address.

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Accordingly, IT IS HEREBY ORDERED that the Order and Findings and

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Recommendations (#5) of the United States Magistrate Judge entered August 10, 2011, are

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ADOPTED and AFFIRMED;

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IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED because the
Court does not have jurisdiction to hear appeals from the rulings of a state trial court.
DATED this 3rd day of October 2011.

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_____________________________
Kent J. Dawson
United States District Judge

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