Williams v. People of the State of California et al

Filing 35

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; DISMISSING PLAINTIFF'S PETITION WITHOUT LEAVE TO AMEND. Having reviewed de novo the matters raised in plaintiff's petition, this Court adopts the Report and Recommendation in its entirety. Accordingly, plaintiff's petition is dismissed without leave to amend. Signed by Judge Maxine M. Chesney on November 20, 2015. (mmclc2, COURT STAFF) (Filed on 11/20/2015)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 For the Northern District of California United States District Court 10 11 CHARLES LEE WILLIAMS, No. C 15-3013 MMC Plaintiff, 12 ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; DISMISSING PLAINTIFF’S PETITION WITHOUT LEAVE TO AMEND v. 13 ROY SCHEINGART, et al., 14 Defendants. 15 / 16 17 Before the Court is Magistrate Judge Joseph C. Spero’s “Report and 18 Recommendation Regarding Sufficiency of Complaint or Petition Pursuant to 28 U.S.C. 19 1915A” (“Report and Recommendation”), filed October 27, 2015. In said Report and 20 Recommendation, Magistrate Judge Spero recommends the Court dismiss without leave to 21 amend plaintiff’s pro se “Petition,” filed June 29, 2015. In said petition, plaintiff, who is 22 currently incarcerated, seeks release from custody, as well as monetary relief against 23 various government officials, on the ground that the state court in which plaintiff was 24 convicted lacked jurisdiction over plaintiff because he is a “sovereign citizen.” 25 § On November 4, 2015, plaintiff filed an objection to Magistrate Judge Spero’s Report 26 and Recommendation, on the ground that it was “not duly sworn.” Plaintiff’s objection is 27 hereby overruled, as there is no case or statutory authority requiring such a judicial 28 determination be submitted under oath. 1 2 Having reviewed de novo the matters raised in plaintiff’s petition, this Court hereby ADOPTS the Report and Recommendation in its entirety. 3 Accordingly, plaintiff’s petition is hereby DISMISSED without leave to amend. 4 IT IS SO ORDERED. 5 Dated: November 20, 2015 MAXINE M. CHESNEY United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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