Christopher Lee Card v. J. Moreno, et al.

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations after reviewing the plaintiff’s objections. The court dismissed the § 1983 complaint without prejudice for lack of jurisdiction and directed the clerk to terminate pending motions and close the case.

Holdings

1. The district court presumed the magistrate judge's factual findings correct and reviewed the magistrate judge's conclusions of law de novo.
2. The findings and recommendations were adopted in full, and the complaint was dismissed without prejudice for lack of jurisdiction.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations after reviewing Plaintiff's objections.
2. Whether the complaint should be dismissed without prejudice for lack of subject matter jurisdiction.

Disposition

dismissed