Mantle v. U.S. Supreme Court

Full title: DANIEL H. MANTLE, Plaintiff, v. UNITED STATES SUPREME COURT, Defendant

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Aug 17, 2009

Civil Action 2:09-CV-633 (S.D. Ohio Aug. 17, 2009)

Opinion

Civil Action 2:09-CV-633.

August 17, 2009

ORDER

GEORGE SMITH, District Judge

Plaintiff has filed a complaint against the United States Supreme Court asking that this Court "fix the Roe v. Wade law. . . ." On July 22, 2009, the United States Magistrate Judge recommended that the action be dismissed on the basis of sovereign immunity. Order and Report and Recommendation, Doc. No. 2. This matter is now before the Court on plaintiff's objection to that recommendation, which the Court will consider de novo. See 28 U.S.C. § 636(b); F.R. Civ. P. 72(b).

The United States and its agencies cannot be sued unless there is an express waiver of sovereign immunity. See United States v. Sherwood, 312 U.S. 584 (1941). Plaintiff's objection is DENIED. The Report and Recommendation is hereby ADOPTED and AFFIRMED.

This action is hereby DISMISSED for lack of subject matter jurisdiction.

The Clerk shall enter FINAL JUDGMENT in this case. Moreover, the Court concludes that an appeal from this final judgment would not be taken in good faith. See 28 U.S.C. § 1915(a).