Filed: Dec. 14, 2010
Latest Update: Dec. 14, 2010
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#52) on September 24, 2010, in which he recommends the Court deny Plaintiff's Motion (#30) of Entry for a Default Order, deny Plaintiff's Motion (#31) for Default Judgment, deny Plaintiff's Motion (#29) to Amend Federal Complaint, and grant Defendants' Motions to Dismiss (##15, 19, 22, 24, 40, and 48) on the ground that Plaintiff lacks standing to bring this action, and, therefore, this
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#52) on September 24, 2010, in which he recommends the Court deny Plaintiff's Motion (#30) of Entry for a Default Order, deny Plaintiff's Motion (#31) for Default Judgment, deny Plaintiff's Motion (#29) to Amend Federal Complaint, and grant Defendants' Motions to Dismiss (##15, 19, 22, 24, 40, and 48) on the ground that Plaintiff lacks standing to bring this action, and, therefore, this ..
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ORDER
ANNA J. BROWN, District Judge.
Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#52) on September 24, 2010, in which he recommends the Court deny Plaintiff's Motion (#30) of Entry for a Default Order, deny Plaintiff's Motion (#31) for Default Judgment, deny Plaintiff's Motion (#29) to Amend Federal Complaint, and grant Defendants' Motions to Dismiss (##15, 19, 22, 24, 40, and 48) on the ground that Plaintiff lacks standing to bring this action, and, therefore, this Court lacks subject-matter jurisdiction. Plaintiff filed timely Objections and a Motion (#63) to Dismiss (Withdraw). The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.
The Court, therefore, concludes Plaintiff lacks standing to bring this action, and, therefore, the Court lacks subject-matter jurisdiction. Accordingly, the Court also DENIES as moot Plaintiff's Motion (#63) to Dismiss (Withdraw) his claims against the United States Postal Service, the National Conference of State Legislatures, and Fox News Network and Plaintiff's Motion (#66) to Dismiss (Withdraw) his claims against Defendants United States Department of Treasury and National Association of Attorneys General, both filed after the Magistrate Judge filed his Findings and Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#52) and, accordingly,
1. DENIES Plaintiff's Motion (#30) of Entry for a Default Order,
2. DENIES Plaintiff's Motion (#31) for Default Judgment,
3. DENIES Plaintiff's Motion (#29) to Amend Federal Complaint,
4. DENIES as moot Plaintiff's Motion (#63) to Dismiss (Withdraw) his claims against the United States Postal Service, the National Conference of State Legislatures, and Fox News Network,
5. DENIES as moot Plaintiff's Motion (#66) to Dismiss (Withdraw) his claims against Defendants United States Department of Treasury and National Association of Attorneys General, and
6. GRANTS Defendants' Motions to Dismiss (#15, #19, #22, #24, #40, and #48).
IT IS SO ORDERED.
