Greene v. Housing Authority of the City of Los Angeles

Filing 7

ORDER accepting 2 Report and Recommendation and the complaint is DISMISSED without prejudice. Amended Complaint due on or before 8/5/2016. Signed by Judge Andrew P. Gordon on 7/6/2016. (Copies have been distributed pursuant to the NEF - DL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CEDRIC GREENE,

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Plaintiff,
ORDER ACCEPTING REPORT AND
RECOMMENDATION AND
OVERRULING OBJECTIONS

v.
HOUSING AUTHORITY OF THE CITY OF
LOS ANGELES,

(ECF NOS. 2, 6)

Defendant.

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Case No. 2:16-cv-00490-APG-VCF

On March 15, 2016, Magistrate Judge Ferenbach entered an order and report and

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recommendation recommending that plaintiff Cedric Greene’s complaint be dismissed with leave

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to amend. ECF No. 2. Specifically, Judge Ferenbach stated that the court does not have personal

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jurisdiction over the Housing Authority of the City of Los Angeles and nothing in Greene’s

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complaint suggested the court had such jurisdiction. Id. at 3. Additionally, Judge Ferenbach

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noted that although Greene named the U.S. Government as a defendant, he did not allege that it

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engaged in any wrongdoing. Id. at 3 n.1.

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Greene objects. ECF No. 6. Greene argues he cannot bring his case in California so he
filed it here. Id.

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I conducted a de novo review of the issues set forth in the report and recommendation. 28

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U.S.C. § 636(b)(1). Judge Ferenbach sets forth the proper legal analysis and factual basis for the

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decision. This court has no personal jurisdiction over the Housing Authority of the City of Los

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Angeles as a general matter and Greene’s complaint does not suggest a basis to exercise that

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jurisdiction in this case. Greene’s assertion that he cannot sue in California courts does not confer

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on this court the authority to exercise personal jurisdiction over the Housing Authority. Although

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the complaint states the U.S. Government is a party, there are no factual allegations of any

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conduct on the U.S. Government’s part. Further, subject matter jurisdiction appears to be lacking

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because no colorable claim has been asserted against the U.S. Government and the claim against

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the Housing Authority is a state law negligence claim by a California citizen against a California

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entity.

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IT IS THEREFORE ORDERED that Judge Ferenbach’s report and recommendation
(ECF No. 2) is accepted and the complaint (ECF No. 1-2) is DISMISSED without prejudice.
IT IS FURTHER ORDERED that on or before August 5, 2016, plaintiff Cedric Greene

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shall file an amended complaint correcting the identified deficiencies if he can do so, or this

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action will be dismissed with prejudice.

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DATED this 6th day of July, 2016.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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