Ramirez v. Swift

Filing 36

Order adopting 28 Report and Recommendations re dismissal. The Court hereby DISMISSES the case in its entirety with prejudice. Signed by Judge Araceli Martinez-Olguin on November 13, 2023. (amolc3, COURT STAFF) (Filed on 11/13/2023)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 ELIAS TORRES RAMIREZ, 7 Plaintiff, 8 v. 9 TAYLOR ALISON SWIFT, 10 Defendant. 11 United States District Court Northern District of California Case No. 23-cv-03826-AMO ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Re: Dkt. No. 28 12 The Court has reviewed Magistrate Judge Kandis A. Westmore’s Report and 13 14 Recommendation to dismiss this case for failure to file an amended in forma pauperis application 15 or pay the filing fee, as well as Mr. Ramirez’s further filings, none of which appear to be 16 objections to the Report. The Court finds the Report correct, well-reasoned and thorough, and 17 adopts it in every respect. In particular, the Court agrees with Judge Westmore’s recommendation that Ramirez’s 18 19 complaint be dismissed with prejudice because the factual allegations are plainly frivolous. As 20 noted, courts have “the unusual power to pierce the veil of the complaint’s factual allegations and 21 dismiss those claims whose factual contentions are clearly baseless.” ECF 28 at 2 (quoting 22 Neitzke v. Williams, 490 U.S. 319, 327 (1989)). To the extent that Ramirez alleges that he is 23 married to singer Taylor Swift, that various non-defendants are making false charges against him, 24 and that he is entitled to the Osama Bin Laden reward money, his complaint plainly fails to satisfy 25 Title 28 U.S.C. § 1915(a). 26 // 27 // 28 // 1 Accordingly, the Court hereby DISMISSES the case in its entirety with prejudice. 2 IT IS SO ORDERED. 3 4 5 Dated: November 13, 2023 ______________________________________ ARACELI MARTÍNEZ-OLGUÍN United States District Judge 6 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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