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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 DANIEL CALVIN, 9 10 11 12 13 2:12-CV-379 JCM (VCF) Plaintiff, v. DEPARTMENT OF MOTOR VEHICLES APPEAL BOARD, Defendant. 14 15 16 17 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). 18 On February 13, 2012, state administrative law judge Toni Boone held a hearing at the Office 19 of Administrative Hearings at the Nevada Department of Motor Vehicles. (Doc. #1, Ex. 1). One 20 day later, Judge Boone issued a written ruling affirming the revocation of petitioner’s driving 21 privileges for driving under the influence of intoxicants. (Doc. #1, Ex. 1). 22 Judge Boone’s order stated that an “adverse decision may be appealed to [d]istrict [c]ourt 23 under NRS 484C.230 within thirty (30) days of the date of this decision.” (Doc. #1, Ex. 1). Plaintiff 24 then filed the instant case in federal district court. (Doc. #1). 25 Plaintiff should have appealed Judge Boone’s decision to the state district court rather than 26 filing a new suit in federal district court. See NRS 484C.230(3). This court does not have 27 jurisdiction to hear this case. 28 James C. Mahan U.S. District Judge 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case 3 4 be, and the same hereby is, DISMISSED for lack of jurisdiction. DATED March 9, 2012. 5 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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