WELLS v. TRAYNOR, 378 Fed.Appx. 428 (5th Cir. 2010)

Kelvin WELLS, Plaintiff-Appellant v. Timothy TRAYNOR, Defendant-Appellee.

No. 09-30989 Summary Calendar.United States Court of Appeals, Fifth Circuit.
May 13, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Kelvin Wells, Baton Rouge, LA, pro se.

Appeal from the United States District Court for the Middle District of Louisiana, USDC No. 3:09-CV-649.

Before GARZA, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:[*]

[*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Kelvin Wells appeals the dismissal of his civil suit against Timothy Traynor. Wells claims that Traynor caused the death of his father as retaliation for Wells’s whistle-blowing activities. The magistrate judge construed Wells’s complaint as a claim for wrongful death under LA. CIV. CODE art. 2315.2 and recommended dismissal of the claim without prejudice for lack of subject matter jurisdiction, because the defendant was also a resident of Louisiana. Wells did not object to the magistrate’s recommendation and the case was dismissed. On appeal, he argues that the death took place onboard the M/V ATLANTIC on November 22, 1997 and that the district court thus had maritime jurisdiction. Even if these allegations would be sufficient to establish the district court’s jurisdiction, they were not raised before the district court and are waived on appeal. The judgment of the district court isAFFIRMED.