Calvin v. Department of Motor Vehicles Appeal Board

Filing 2

ORDER DISMISSING CASE. Signed by Judge James C. Mahan on 3/9/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DANIEL CALVIN,

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2:12-CV-379 JCM (VCF)

Plaintiff,
v.
DEPARTMENT OF MOTOR
VEHICLES APPEAL BOARD,
Defendant.

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ORDER
Presently before the court is the case of Calvin v. Department of Motor Vehicles Appeal
Board, 2:12-cv-00379-JCM-VCF, filed by pro se plaintiff Daniel Calvin. (Doc. #1).

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On February 13, 2012, state administrative law judge Toni Boone held a hearing at the Office

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of Administrative Hearings at the Nevada Department of Motor Vehicles. (Doc. #1, Ex. 1). One

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day later, Judge Boone issued a written ruling affirming the revocation of petitioner’s driving

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privileges for driving under the influence of intoxicants. (Doc. #1, Ex. 1).

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Judge Boone’s order stated that an “adverse decision may be appealed to [d]istrict [c]ourt

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under NRS 484C.230 within thirty (30) days of the date of this decision.” (Doc. #1, Ex. 1). Plaintiff

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then filed the instant case in federal district court. (Doc. #1).

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Plaintiff should have appealed Judge Boone’s decision to the state district court rather than

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filing a new suit in federal district court. See NRS 484C.230(3). This court does not have

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jurisdiction to hear this case.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case

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be, and the same hereby is, DISMISSED for lack of jurisdiction.
DATED March 9, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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