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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIAS TORRES RAMIREZ,

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Plaintiff,

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v.

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TAYLOR ALISON SWIFT,

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Defendant.

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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

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The Court has reviewed Magistrate Judge Kandis A. Westmore’s Report and

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Recommendation to dismiss this case for failure to file an amended in forma pauperis application

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or pay the filing fee, as well as Mr. Ramirez’s further filings, none of which appear to be

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objections to the Report. The Court finds the Report correct, well-reasoned and thorough, and

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adopts it in every respect.
In particular, the Court agrees with Judge Westmore’s recommendation that Ramirez’s

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complaint be dismissed with prejudice because the factual allegations are plainly frivolous. As

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noted, courts have “the unusual power to pierce the veil of the complaint’s factual allegations and

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dismiss those claims whose factual contentions are clearly baseless.” ECF 28 at 2 (quoting

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Neitzke v. Williams, 490 U.S. 319, 327 (1989)). To the extent that Ramirez alleges that he is

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married to singer Taylor Swift, that various non-defendants are making false charges against him,

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and that he is entitled to the Osama Bin Laden reward money, his complaint plainly fails to satisfy

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Title 28 U.S.C. § 1915(a).

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Accordingly, the Court hereby DISMISSES the case in its entirety with prejudice.

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IT IS SO ORDERED.

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Dated: November 13, 2023
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ARACELI MARTÍNEZ-OLGUÍN
United States District Judge

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United States District Court
Northern District of California

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