FIROZ v. KETV CHANNEL 7

Full title: CHRISTIAN FIROZ, Plaintiff, v. KETV CHANNEL 7 and CAROL KLOSS, Defendants

Court: United States District Court, D. Nebraska

Date published: Apr 3, 2007

4:06CV3281 (D. Neb. Apr. 3, 2007)

Opinion

4:06CV3281.

April 3, 2007

MEMORANDUM AND ORDER

THOMAS THALKEN, Magistrate Judge

This matter is before the court¹ on the Defendants' Motion to Dismiss (Filing No. 8) the complaint filed by the plaintiff, Christian Firoz. In his complaint, the plaintiff sued a television station and its employee for defamation, after the defendants refused the plaintiff's demand that they retract a news item about the plaintiff. In their Motion to Dismiss, the defendants assert that this court lacks subject matter jurisdiction, as the complaint presents no federal question; the parties lack diversity of citizenship as they are citizens of the same state, and no state actor violated the plaintiff's civil rights. See 28 U.S.C. §§ 1331, 1332 and 42 U.S.C. § 1983.

1 The parties have consented to the jurisdiction of the undersigned Magistrate Judge for all purposes up to and including the entry of judgment.

In Filing No. 13, the court gave the plaintiff 33 days from the entry of that Order on January 17, 2007 to respond to the defendants' Motion to Dismiss. The court then extended the deadline for a response until March 26, 2007, and warned the plaintiff that, absent a timely and sufficient response, this case would be subject to dismissal without prejudice for lack of subject matter jurisdiction.

There has been no response by the plaintiff to the defendants' Motion to Dismiss or to the court's orders. The record reveals no basis for subject matter jurisdiction.

IT IS ORDERED:

1. The defendants' Motion to Dismiss (Filing No. 8) is granted.

2. The plaintiff's complaint and this action are dismissed without prejudice for lack of subject matter jurisdiction.

3. A judgment will be entered accordingly.