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Matthew v. Honish

United States Court of Appeals, Seventh Circuit
May 10, 2007
233 F. App'x 563 (7th Cir. 2007)

Summary

holding that an argument that state licensure and requirements violate the right to travel "is meritless" because a plaintiff is denied "only a single mode of transportation—in a car driven by himself," which "does not impermissibly burden his right to travel"

Summary of this case from Stoltzfus v. Hutchins

Opinion

No. 07-1369.

Submitted May 10, 2007.

No defendant appeared in the district court or has participated in this appeal. After an examination of the appellant's brief and the record, we have concluded that oral argument is unnecessary. Thus the appeal is submitted on the appellant's brief and the record. See Fed.R.App.P. 34(a)(2).

Decided May 10, 2007.

Appeal from the United States District Court for the Eastern District of Wisconsin, No. 06-C-112, William C. Griesbach, Judge.

Danny E. Glass, Fine Hatfield, Evansville, IN, Charles J. Meyer, Woodard, Emhardt, Naughton, Moriarty McNett, Indianapolis, IN, for Plaintiff-Appellant.

Mark S. Graham, Luedeka, Neely Graham, Knoxville, TN, for Defendants-Appellees.

Before Hon. JOHN L. COFFEY, Circuit Judge, Hon. JOEL M. FLAUM, Circuit Judge and Hon. ANN CLAIRE WILLIAMS, Circuit Judge.



ORDER

James Matthew; Dean filed this action against Chris Honish, a Wisconsin state trooper, after Honish stopped Dean in his car. In his complaint Dean claimed that the traffic stop violated his "right to travel" and provided no further details of the encounter. The district court dismissed Dean's complaint sua sponte, reasoning that Dean had failed to state a claim upon which relief could be granted. See Fed.R.Civ.P. 12(b)(6). Dean appeals, and we affirm.

Dean writes and signs his name as "James Matthew; Dean," so we have used that formulation for his full name. Also, in his complaint he listed the defendants in his caption as "Chris J. Honish, et al." We likewise do so here, though Dean identified only one defendant, "Chris Honish" in the text of his complaint.

Dean's pro se brief does not challenge, or even mention, the district court's judgment dismissing his complaint and only narrowly avoids violating Fed.R.App.P. 28(a)(9). His brief adds a few more details of his claim, however, and when we examine the complaint illuminated by his brief, see Chavez v. III. State Police, 251 F.3d 612, 648 (7th Cir. 2001) (explaining that we may consider additional facts first raised in briefs on appeal if new facts are consistent with complaint), we conclude that the district court properly found that Dean does not state a claim that entitles him to relief.

Dean's brief suggests that laws requiring state-supplied licenses to drive a car violate his "right to travel." His brief includes copies of traffic citations for driving his car without a license, for failing to register his vehicle, and for using what he calls "private property identification plates," as opposed to Wisconsin license plates. Dean claims that when Honish ticketed him for violating Wisconsin's laws that required proper licensing and registration, see WIS. STAT. §§ 341.04(1), 341.61(2), 343.05(3)(a), Honish violated his constitutional right to travel.

But Dean has not articulated reasons to support his unexplained argument that state licensure and registration requirements violate the right to travel, see Fed.R.App.P. 28(a)(9). This is not surprising because such an argument is meritless. Miller v. Reed, 176 F.3d 1202, 1205-06 (9th Cir. 1999) (holding that there is no "fundamental right to drive" and affirming dismissal of complaint based on state's refusal to renew citizen's driver's license); Hallstrom v. City of Garden City, 991 F.2d 1473, 1477 (9th Cir. 1993) (finding no constitutional violation where valid Idaho law required driver's license, and plaintiff was detained for not having one). Without vehicle licenses, Dean is denied only "a single mode of transportation — in a car driven by himself," see Miller, 176 F.3d at 1204, and this does not impermissibly burden his right to travel. Id. Accordingly, the district court's judgment dismissing Dean's case is AFFIRMED.


Summaries of

Matthew v. Honish

United States Court of Appeals, Seventh Circuit
May 10, 2007
233 F. App'x 563 (7th Cir. 2007)

holding that an argument that state licensure and requirements violate the right to travel "is meritless" because a plaintiff is denied "only a single mode of transportation—in a car driven by himself," which "does not impermissibly burden his right to travel"

Summary of this case from Stoltzfus v. Hutchins

holding that the denial of a driver's license only denies the plaintiff the ability to drive himself in a car, and thus "does not impermissibly burden his right to travel"

Summary of this case from Fowler v. Johnson

holding that denial of driver's license only denies plaintiff the ability to drive himself in a car, and thus “does not impermissibly burden his right to travel”

Summary of this case from Robinson v. Huerta

finding "meritless" the notion that there is such a right

Summary of this case from El v. Fornandes

finding no fundamental right to drive a motor vehicle

Summary of this case from Sun v. Smith

affirming dismissal of claim that state licensure and registration requirements violate the right to travel because "[w]ithout vehicle licenses, Dean is denied only `a single mode of transportation-in a car driven by himself,' and this does not impermissibly burden his right to travel"

Summary of this case from Baer v. White

In Matthew v. Honish (7th Cir.2007) 233 Fed.Appx. 563, the court affirmed the dismissal of the plaintiff's lawsuit against the state trooper who stopped his car and ticketed him for failing to have a license.

Summary of this case from Halajian v. D & B Towing
Case details for

Matthew v. Honish

Case Details

Full title:James MATTHEW; Dean, Plaintiff-Appellant, v. Chris J. HONISH, et al.…

Court:United States Court of Appeals, Seventh Circuit

Date published: May 10, 2007

Citations

233 F. App'x 563 (7th Cir. 2007)

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