Lindblad v. City of Millbrae et al

Filing 13

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)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ROBERT LINDBLAD, 6 Plaintiff, 7 8 9 v. CITY OF MILLBRAE, et al., Defendants. Case No. 21-cv-08608-SI ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION Re: Dkt. No. 9 10 United States District Court Northern District of California 11 On December 16, 2021, Magistrate Judge Tse issued a Report and Recommendation in the 12 above-captioned case. Dkt. No. 9. The Report recommends the Court dismiss plaintiff’s complaint 13 with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) on the basis that the complaint presents 14 “irrational or [] wholly incredible” allegations such that it can be deemed “frivolous” under the in 15 forma pauperis statute. Dkt. No. 9 at 1. 16 17 18 19 20 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 21 agrees with Judge Tse’s analysis and also finds no merit to plaintiff’s objection. Accordingly, the 22 Court ADOPTS the Report and Recommendation and DISMISSES the complaint with prejudice. 23 24 IT IS SO ORDERED. 25 Dated: January 11, 2022 26 27 28 ______________________________________ SUSAN ILLSTON United States District Judge

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