Tagle v. Nouheim et al

Filing 46

ORDER that Plaintiff's 10 Objections are OVERRULED and Magistrate Judge Nancy J. Koppe's 8 Report and Recommendation dismissing Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis for lack of subject matter jurisdiction is AFFIRMED. Signed by Chief Judge Gloria M. Navarro on 9/4/2018. (Copies have been distributed pursuant to the NEF - SLD)

UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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VICTOR TAGLE,

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Plaintiff,
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CLARK COUNTY, et al.

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Defendants.

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Case No.: 16-cv-00709-GMN-NJK
ORDER

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Before the Court is Plaintiff Victor Tagle’s (“Plaintiff’s”) Application for Leave to

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Proceed in forma pauperis, (ECF No. 1). The Honorable Magistrate Judge Nancy J.

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Koppe entered a Report and Recommendation (“R. & R.”), (ECF No. 8), to which

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Plaintiff filed Objections, (ECF No. 10).

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In the Report and Recommendation, Judge Koppe recommended that the case be

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dismissed for a lack of subject matter jurisdiction. (R. & R. 1:19-20). Specifically,

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“Plaintiff repeatedly and emphatically insists that he does not bring a federal cause of

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action under 42 U.S.C. § 1983, but instead brings only state tort claims,” and “Plaintiff

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and at least one Defendant share Nevada citizenship.” (Id. 2:23-24, 3:7-8). Judge Koppe

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therefore recommends that “this case be dismissed for lack of subject matter

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jurisdiction.” (Id. 4:3-4).

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In accordance with Local Rule IB 3-1, the Court reviewed Plaintiff’s Application

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and Objection, and agrees with Judge Koppe that the Court does not have subject matter

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jurisdiction over the matter.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Objections, (ECF No. 10), are

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OVERRULED, and the Magistrate Judge Nancy J. Koppe’s Order dismissing Plaintiff’s

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Application for Leave to Proceed in forma pauperis for lack of subject matter jurisdiction

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is AFFIRMED.

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DATED this _____ day of September, 2018.

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________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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