Nixon v. United States

Filing 9

ORDER OF DISMISSAL by Judge John C Coughenour; The 2 Report and Recommendation is ADOPTED and APPROVED and this action is DISMISSED without prejudice. (TF) cc: T Nixon

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Plaintiff,

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NO. C11-1022-JCC

TRACY NIXON,

ORDER OF DISMISSAL

v.
THE UNITED STATES OF AMERICA,
Defendant.

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This matter comes before the Court on the report and recommendation of the

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Honorable James P. Donohue (Dkt. No. 2.), Plaintiff’s objections (Dkt. No. 4), and Plaintiffs’

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motions to intervene, consolidate and expedite. (Dkt. Nos. 3, 5, 8.) Plaintiff’s complaint alleges

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that the Clerk of the United States Supreme Court violated his constitutional rights by denying

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Plaintiff’s two petitions for writ of certiorari to the United States Supreme Court. (Dkt. No. 1.)

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In his report and recommendation, Judge Donohue notes that Plaintiff has provided no basis

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for jurisdiction in this court. (Dkt. No. 2 at 3.) In his objections, Plaintiff argues that this Court

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has jurisdiction because the events occurred in Washington, DC. (Dkt. No. 4 at ¶ 12.) Plaintiff

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is hereby REMINDED that Washington State is located some 2,500 miles from Washington,

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DC and although they share a similar name, are otherwise quite distinct. This and numerous

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other errors of fact and law indicate that Judge Donohue was correct to dismiss plaintiff’s

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ORDER OF DISMISSAL - 1

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complaint. Taking the governing law, and the balance of the record, the Court hereby
ORDERS as follows:

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(1)

The Report and Recommendation is ADOPTED and APPROVED; (Dkt. No.
2.)

(2)

This action is DISMISSED without prejudice for failure to state a claim upon
which relief may be granted;

(3)

Plaintiff’s application to proceed in forma pauperis (“IFP”), as well as all
remaining motions, (Dkt. Nos. 1, 3, 5, 8), are DENIED as moot; and

(4)

The Clerk of the Court is directed to send copies of this Order to plaintiff and to
the Honorable James P. Donohue.

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DATED this 22nd day of September, 2011.

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A

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JOHN C. COUGHENOUR
United States District Judge

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ORDER OF DISMISSAL - 2