Lindblad v. City of Millbrae et al
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION (Illston, Susan) (Filed on 1/11/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CITY OF MILLBRAE, et al.,
Case No. 21-cv-08608-SI
ORDER ADOPTING REPORT AND
Re: Dkt. No. 9
United States District Court
Northern District of California
On December 16, 2021, Magistrate Judge Tse issued a Report and Recommendation in the
above-captioned case. Dkt. No. 9. The Report recommends the Court dismiss plaintiff’s complaint
with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) on the basis that the complaint presents
“irrational or  wholly incredible” allegations such that it can be deemed “frivolous” under the in
forma pauperis statute. Dkt. No. 9 at 1.
Pursuant to 28 U.S.C. § 636(b)(1)(C), the parties had fourteen days from service of the
Report to file written objections. See also Fed. R. Civ. P. 72(b). Plaintiff filed an objection on
December 27, 2021. Dkt. No. 12. The objection largely repeats the same underlying allegations of
plaintiff’s complaint, but also comments on the Magistrate Judge’s ethnicity and alleges this Court
is “plagued with fraud and bribery.” See, e.g., Id. ¶¶ 10, 13, 14, 15.
The Court has reviewed the Report, the docket in this case, and the objection. The Court
agrees with Judge Tse’s analysis and also finds no merit to plaintiff’s objection. Accordingly, the
Court ADOPTS the Report and Recommendation and DISMISSES the complaint with prejudice.
IT IS SO ORDERED.
Dated: January 11, 2022
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?