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)

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