Payne v. Phenix

Full title: JEFFREY PAYNE, Plaintiff, v. AMY PHENIX, Defendant.

Court: United States District Court, Western District of Washington

Date published: May 31, 2023

No. C22-5670-TL (W.D. Wash. May. 31, 2023)

Opinion

C22-5670-TL

05-31-2023

JEFFREY PAYNE, Plaintiff, v. AMY PHENIX, Defendant.

Tana Lin United States District Judge

ORDER DISMISSING ACTION

Tana Lin United States District Judge

Having reviewed Plaintiff's amended complaint, the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge (Dkt. No. 13), as well as the remaining record, and no objection or response to the Report and Recommendation having been filed, any objections thereto, the Court hereby finds and ORDERS as follows:

(1) The Report and Recommendation is APPROVED and ADOPTED, except that the dismissal of this action is without prejudice, as noted below.

(2) Plaintiff's amended complaint (Dkt. 12) and this action are DISMISSED without prejudice, pursuant to Fed.R.Civ.P. 12(h)(3), for lack of subject matter jurisdiction. See, e.g., Missouri ex rel. Koster v. Harris, 847 F.3d 646, 656 (9^th Cir. 2017) (“In general, dismissal for lack of subject matter jurisdiction is without prejudice.”).

(3) The Clerk is DIRECTED to send copies of this Order to Plaintiff and to Judge Vaughan.