Tad Thornhill, Plaintiff-appellant, v. Oklahoma Department of Public Safety, Defendant-appellee, 113 F.3d 1247 (10th Cir. 1997)

ORDER AND JUDGMENT^* 

Plaintiff-Appellant Tad Thornhill, an Oklahoma resident, holds a valid Oklahoma driver's license. In order for Thornhill to keep that license, defendant-appellee Oklahoma Department of Public Safety ("the Department") requires Thornhill to report periodically concerning a neuropsychiatric condition suffered by Thornhill. Thornhill objects to this reporting requirement.

To voice his objections, Thornhill sued the Department in federal district court. His complaint alleged that:

I don't believe I have mental problems that are concerned topics. I take a very low dosage of thorazine. It has no bad effects on my alert system. My mental problems have always been under good control.

The district court dismissed Thornhill's complaint pursuant to Fed. R. Civ. P. 12(b) (1) and 12(b) (6), noting that Thornhill had failed to state a claim under which relief could be granted, and had failed to demonstrate any basis for federal subject matter jurisdiction. Thornhill v. Department of Pub. Safety, No. CIV-95-0546-R (W.D. Okla. July 15, 1996) (Order). Thornhill now appeals the dismissal of his complaint.

After reviewing the record, we AFFIRM the dismissal of Thornhill's complaint for the reasons set forth in the district court's order.

The mandate shall issue forthwith.