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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIJAH DOMINGUEZ,
Plaintiff,

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United States District Court
Northern District of California

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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.

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The Court has reviewed Magistrate Judge Laurel Beeler’s report and recommendation to

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dismiss this action for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1915(e). (Dkt.

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Nos. 7, 23.) Judge Beeler previously screened the case and concluded Plaintiff’s complaint

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involved a public-records request that belonged in state court because it did not allege a

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constitutional violation. (Dkt. No. 7.) Plaintiff thereafter filed an amended complaint, which

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Judge Beeler reviewed. Judge Beeler concluded the amended complaint concerned “old conduct”

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and the dispute was “at its core a current public-records request that should be filed in state court.”

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(Dkt. No. 23 at 1.) Judge Beeler thus prepared the underlying report and recommendation

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recommending the action be dismissed for lack of subject matter jurisdiction. (Id. at 2.)

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Although Plaintiff did not timely file objections to Judge Beeler’s report and

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recommendation, he did file several additional documents including a notice of appeal, which

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challenges, among other things, Judge Beeler’s report and recommendation. (Dkt. Nos. 25, 26, 27,

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28.) Many of Plaintiff’s filings appear to relate to another action he filed in this district which was

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dismissed without prejudice on July 24, 2023. See Dominguez v. Pratt et al, No. 23-981-HSG.

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The Court has reviewed de novo the original and amended complaints, Judge Beeler’s initial

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screening order and her report and recommendation, and Plaintiff’s subsequent filings. Plaintiff’s

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filings fail to address the deficiencies identified by Judge Beeler. Accordingly, the Court finds the

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report correct, well-reasoned, and thorough, and ADOPTS the report and recommendation. The

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complaint is dismissed under 28 U.S.C. § 1915(e)(2) without prejudice to filing in state court.

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IT IS SO ORDERED.
Dated: November 15, 2023

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JACQUELINE SCOTT CORLEY
United States District Judge

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United States District Court
Northern District of California

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