Wynn v. State of Washington

Filing 6

ORDER by Judge Benjamin H. Settle Dismissing Complaint for Lack of Jurisdiction. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KIMOTHY-MAURICE WYNN,
Plaintiff,

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v.

CASE NO. C17-6012 BHS
ORDER DISMISSING
COMPLAINT FOR LACK OF
JURISDICTION

STATE OF WASHINGTON,

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Defendant.

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This matter comes before the Court on Plaintiff Kimothy-Maurice Wynn’s

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(“Wynn”) complaint, Dkt. 1, the Court’s order to show cause regarding jurisdiction, Dkt.

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4, and Wynn’s response, Dkt. 5.

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On December 6, 2017, Wynn filed a complaint challenging his state court

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conviction and sentence based on the theory that the state court prosecutor breached his

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fiduciary duties under state laws governing commercial transactions. Dkt. 1. On

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December 14, 2017, the Court ordered Wynn to show cause regarding jurisdiction

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because the basis for the Court’s jurisdiction was not clear from the face of the complaint.

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Dkt. 4. On January 8, 2017, Wynn responded. Dkt. 5.

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ORDER - 1

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“If the court determines at any time that it lacks subject-matter jurisdiction, the
court must dismiss the action.” Fed. R. Civ. P. 12(h)(3).

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In this case, Wynn has failed to establish any basis for jurisdiction over any claim

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made in his complaint. Therefore, the Court DISMISSES Wynn’s complaint for lack of

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jurisdiction. The Clerk shall close this case.

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IT IS SO ORDERED.

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Dated this 18th day of January, 2018.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2