Elawyers Elawyers
Washington| Change

Leatherby v. U.S., CV18-01507-PHX-DGC. (2018)

Court: District Court, D. Arizona Number: infdco20181203592 Visitors: 4
Filed: Nov. 30, 2018
Latest Update: Nov. 30, 2018
Summary: ORDER DAVID G. CAMPBELL , Senior District Judge . Defendant the United States of America moves to dismiss pro se Plaintiff Tim Leatherby's complaint. Docs. 3, 14. For the following reasons, the Court will grant the motion. On April 5, 2018, Plaintiff filed a small claims complaint in the Pinal County Justice Court. Doc. 1-3 at 3. Plaintiff alleged that four individuals attacked him and his service dog at a gas station in Quartsite, Arizona, causing injury and damages totaling $3,500. Id.
More

ORDER

Defendant the United States of America moves to dismiss pro se Plaintiff Tim Leatherby's complaint. Docs. 3, 14. For the following reasons, the Court will grant the motion.

On April 5, 2018, Plaintiff filed a small claims complaint in the Pinal County Justice Court. Doc. 1-3 at 3. Plaintiff alleged that four individuals attacked him and his service dog at a gas station in Quartsite, Arizona, causing injury and damages totaling $3,500. Id. Plaintiff alleges that these individuals were undocumented aliens. Id. The complaint named Senator Charles E. Schumer as the defendant and alleged that he broke his oath to uphold the laws of the United States by "protecting illegal aliens [and] by blocking dep[or]tations [and] taking mon[ey] from illegal aliens." Id. Defendant United States substituted itself in place of Senator Schumer and removed the case to this Court. Doc. 1.

Defendant argues that the Court lacks subject matter jurisdiction over the case and personal jurisdiction over Senator Schumer, and that Plaintiff fails to state a claim. Doc. 3. The Court agrees. Plaintiff's complaint fails to demonstrate a waiver of sovereign immunity. Alvarado v. Table Mountain Rancheria, 509 F.3d 1008, 1016 (9th Cir. 2007); Dunn & Black P.S. v. United States, 492 F.3d 1084, 1087-88 (9th Cir. 2007). Plaintiff has not exhausted his administrative remedies. 28 U.S.C. § 2675(a); McNeil v. United States, 508 U.S. 106, 112-13 (1993). Plaintiff has failed to demonstrate that he has Article III standing, Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992), and to show that the Court has personal jurisdiction over Senator Schumer, Boschetto v. Hansin, 539 F.3d 1011, 1015 (9th Cir. 2008). And Plaintiff's complaint fails to state a claim for relief, citing no law or basis for any of his claims. Fed. R. Civ. P. 12(b)(6); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The Court will dismiss Plaintiff's complaint.

The Court will deny Plaintiff leave to amend. Defendant attempted to confer with Plaintiff about deficiencies in his complaint, and Plaintiff was unreceptive. Doc. 12. The Court finds that Plaintiff could allege no set of facts that would establish a viable claim against the United States based on the incident at the Quartsite gas station and the actions of Senator Schumer.

IT IS ORDERED that Defendant's motion to dismiss (Doc. 3) is granted. Plaintiff's complaint is dismissed with prejudice. The Clerk shall terminate this action.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer