Lietzke v. City of Montgomery et al
ORDERED, adjudged and decreed that the Report and Recommendation of Magistrate Judge William G. Cobb (ECF No. 3 ) is accepted and adopted in its entirety. It is ordered that Plaintiff's motion to proceed in forma pauperis (ECF No 1 ) is grant ed. It is further ordered that the Clerk file the Complaint (ECF No. 1 -1). It is further ordered that the complaint is dismissed without prejudice. The Clerk is instructed to close this case. Signed by Judge Miranda M. Du on 5/1/2017. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:17-cv-00040-MMD-WGC
CITY OF MONTGOMERY, et al.,
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
WILLIAM G. COBB
Before the Court is the Report and Recommendation of United States Magistrate
Judge William G. Cobb (ECF No. 3) (“R&R”) relating to Plaintiff’s Application to Proceed
In Forma Pauperis (ECF No. 1) and pro se complaint (ECF No. 1-1). Plaintiff had until
February 10, 2017 to file an objection (“Objection”). (ECF No. 3.) Plaintiff filed his first
objection on February 27, 2017 (ECF No. 4), and filed his second objection on April 28,
2017 (ECF No. 7). While Plaintiff’s objections were untimely, the Court has considered
This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
timely objects to a magistrate judge’s report and recommendation, then the court is
required to “make a de novo determination of those portions of the [report and
recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). In light of Plaintiff’s
objection, the Court engages in a de novo review to determine whether to adopt
Magistrate Judge Cobb’s Recommendation.
The Magistrate Judge recommends that this case be dismissed for lack of
personal jurisdiction because Plaintiff and defendants are alleged to be residents of
Alabama and there are no allegations of contacts with Nevada. Plaintiff relies on general
case law governing personal jurisdiction, but it is clear that this Court lacks personal
jurisdiction over named out of state defendants. Upon reviewing the Recommendation
and Plaintiff’s filings, this Court finds good cause to adopt the Magistrate Judge’s
Recommendation in full.
Recommendation of Magistrate Judge William G. Cobb (ECF No. 3) is accepted and
adopted in its entirety.
It is ordered that Plaintiff’s motion to proceed in forma pauperis (ECF No 1) is
It is further ordered that the Clerk file the Complaint (ECF No. 1-1).
It is further ordered that the complaint is dismissed without prejudice.
The Clerk is instructed to close this case.
DATED THIS 1st day of May 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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?