Wolski v. Garzi-Wolski

Filing 7

ORDER: Wolski's objections 6 are OVERRULED, the magistrate judge's report and recommendation 5 is ADOPTED, and this case is DISMISSED. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 3/31/2017. (Copies have been distributed pursuant to the NEF - DC)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Aaron Ray Wolski, 2:16-cv-02550-JAD-NJK 5 Plaintiff 6 v. 7 Mayra Garza-Wolski, 8 Order Adopting in Part Report and Recommendation and Dismissing and Closing Case Defendant [ECF Nos. 5, 6] 9 10 Pro se plaintiff Aaron Ray Wolski brings this action under the Hague Convention and the 11 International Child Abductions Remedies Act (“ICARA”) claiming that his son was kidnaped by his 12 wife’s family while in Mexico. Magistrate Judge Koppe recommends that I dismiss this action for 13 lack of subject matter jurisdiction: there is no jurisdiction under the Hague Convention/ICARA 14 because Wolski alleges that his son was in Mexico—not Nevada—when he filed this petition, and 15 there is no diversity jurisdiction because Wolski, who resides in Nevada, sues Nevada defendants. 16 Wolski objects.1 17 A district judge reviews objections to a magistrate judge’s proposed findings and 18 recommendations de novo.2 “The district judge may accept, reject, or modify the recommendation, 19 receive further evidence, or resubmit the matter to the magistrate judge with instructions.”3 Having 20 reviewed the magistrate judge’s recommendations and Wolski’s objections de novo, I agree with the 21 magistrate judge that this court lacks subject-matter jurisdiction over this case. Wolski’s objections 22 do not undermine her reasoning or give me any relevant or legitimate basis to reject her 23 recommendation. Accordingly, 24 25 1 ECF No. 6. 27 2 United States v. Reyna-Tapia, 328 F.3d 1114, 1121–22 (9th Cir. 2003). 28 3 Id. 26 Page 1 of 2 1 IT IS HEREBY ORDERED that Wolski’s objections [ECF No. 6] are OVERRULED, the 2 magistrate judge’s report and recommendation [ECF No. 5] is ADOPTED, and this case is 3 DISMISSED. The Clerk of Court is directed to CLOSE THIS CASE. 4 5 6 Dated this 31st day of March, 2017. _________________________________ Jennifer A. Dorsey 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 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?