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Thompson v. Lamke

United States District Court, D. Oregon

March 30, 2015

LINDA THOMPSON, Plaintiff,
v.
GENE LAMKE, et al., Defendants.

OPINION AND ORDER

MICHAEL J. McSHANE, District Judge.

Plaintiff Linda Thompson, pro se, brings this action asserting numerous claims[1] against approximately thirty defendants. Following service, various defendants filed motions to dismiss (ECF Nos. 23, 24, 25, 33, 44, and 47) because of improper venue, lack of personal and subject matter jurisdiction, and/or failure to state a claim. Magistrate Judge Thomas M. Coffin issued a Findings and Recommendation (F&R) on February 23, 2015, in which he recommended that this Court grant defendants' motions. F&R 1-4, ECF No. 48. The matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b).

This Court reviews all portions of the F&R subject to objection de novo. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Bus. Machs. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Plaintiff timely filed an objection. See Pl.'s Objections 1-13, ECF No. 56. Upon review, this Court finds no error in Judge Coffin's F&R, ECF No. 48.

As indicated by Judge Coffin, venue is improper under 28 U.S.C. § 1391(b).[2] To the extent that plaintiff objects to Judge Coffin's jurisdictional findings, those objections do not address the appropriateness of plaintiff's chosen venue. As a result, plaintiff's action is dismissed without prejudice pursuant to 28 U.S.C. § 1406(a).

CONCLUSION

This Court ADOPTS Judge Coffin's F&R, ECF No. 48, in full. Defendants' motions to dismiss, ECF Nos. 23, 24, 25, 33, 44, and 47, are GRANTED. Plaintiff's remaining motions, ECF Nos. 27, 28, 29, 54, and 55, are DENIED.[3]

IT IS SO ORDERED.


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