Lyons v. Bank of America Corporation

Filing 6

ORDER. IT IS ORDERED that 4 the Magistrate Judge's Report and Recommendation entered 12/20/2016, are ADOPTED and AFFIRMED; IT IS FURTHER ORDERED that Plaintiff's action is DISMISSED without prejudice. Signed by Judge Kent J. Dawson on 2/22/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR LYONS, individually and on
behalf of all 57.4 million other Social
Security Pensionsers,

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Plaintiff,

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ORDER

v.

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Case No. 2:16-CV-02760-KJD-NJK

BANK OF AMERICA,

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Defendant.

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Before the Court for consideration is the Report and Recommendation (#4) of Magistrate

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Judge Nancy J. Koppe entered December 20, 2016, recommending that Plaintiff’s action be

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dismissed for lack of subject matter jurisdiction. Plaintiff filed a response to the objections on

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December 30, 2016.

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The Court has conducted a de novo review of the record in this case in accordance with 28

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U.S.C. § 636(b)(1) and LR IB 3-2. Plaintiff incorrectly asserts that he can act pro se on behalf of a

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class in a class action. A party filing an action has the burden of proving that jurisdiction exists.

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Plaintiff failed to meet his burden. The Court determines that the Report and Recommendation (#4)

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of the United States Magistrate Judge entered December 20, 2016, should be ADOPTED and

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AFFIRMED.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation
(#4) entered December 20, 2016, are ADOPTED and AFFIRMED;

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IT IS FURTHER ORDERED that Plaintiff’s action is DISMISSED without prejudice.

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DATED this 22nd day of February 2017.

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_____________________________
Kent J. Dawson
United States District Judge

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