Wilson v. State of Colorado

District Court, D. Oregon

Wilson v. State of Colorado

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

GARY EARL WILSON,

Plaintiff, Civ. No. 6:19-cv-799-MK

v. ORDER

STATE OF COLORADO,

Defendant. _____________________________

MCSHANE, Judge: Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No. 14), and the matter is now before this court. See

28 U.S.C. § 636

(b)(1)(B), Fed. R. Civ. P. 72(b). Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See

28 U.S.C. § 636

(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

656 F.2d 1309, 1313

(9th Cir. 1981). I find no error and conclude the report is correct. 1 –ORDER While the Court is sympathetic to the fact that Plaintiff needs a vehicle for work, and has many years with a good driving record, the fact remains that he seeks to challenge a decades old final judgment from another state. As noted by Judge Kasubhai, this Court lacks jurisdiction over such claims. Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 12) is adopted.

Defendant’s motion to dismiss, ECF No. 7) is GRANTED. This action is DISMISSED, with prejudice. IT IS SO ORDERED. DATED this 3rd day of January, 2020.

_______/s/ Michael J. McShane________ Michael McShane United States District Judge

2 –ORDER

Reference

Status
Unknown