Dominguez v. Abaci et al

Filing 30

ORDER by Judge Jacqueline Scott Corley adopting 23 Report and Recommendations. (ahm, COURT STAFF) (Filed on 11/15/2023)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 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELIJAH DOMINGUEZ, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. JOHN ALLAN ABACI, et al., Case No. 3:23-cv-03669-JSC ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION Re: Dkt. Nos. 7, 23 Defendants. 12 13 The Court has reviewed Magistrate Judge Laurel Beeler’s report and recommendation to 14 dismiss this action for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1915(e). (Dkt. 15 Nos. 7, 23.) Judge Beeler previously screened the case and concluded Plaintiff’s complaint 16 involved a public-records request that belonged in state court because it did not allege a 17 constitutional violation. (Dkt. No. 7.) Plaintiff thereafter filed an amended complaint, which 18 Judge Beeler reviewed. Judge Beeler concluded the amended complaint concerned “old conduct” 19 and the dispute was “at its core a current public-records request that should be filed in state court.” 20 (Dkt. No. 23 at 1.) Judge Beeler thus prepared the underlying report and recommendation 21 recommending the action be dismissed for lack of subject matter jurisdiction. (Id. at 2.) 22 Although Plaintiff did not timely file objections to Judge Beeler’s report and 23 recommendation, he did file several additional documents including a notice of appeal, which 24 challenges, among other things, Judge Beeler’s report and recommendation. (Dkt. Nos. 25, 26, 27, 25 28.) Many of Plaintiff’s filings appear to relate to another action he filed in this district which was 26 dismissed without prejudice on July 24, 2023. See Dominguez v. Pratt et al, No. 23-981-HSG. 27 The Court has reviewed de novo the original and amended complaints, Judge Beeler’s initial 28 screening order and her report and recommendation, and Plaintiff’s subsequent filings. Plaintiff’s 1 filings fail to address the deficiencies identified by Judge Beeler. Accordingly, the Court finds the 2 report correct, well-reasoned, and thorough, and ADOPTS the report and recommendation. The 3 complaint is dismissed under 28 U.S.C. § 1915(e)(2) without prejudice to filing in state court. 4 5 IT IS SO ORDERED. Dated: November 15, 2023 6 JACQUELINE SCOTT CORLEY United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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