Fierros v. Immigration and Naturalization Director

Filing 7

ORDER by Judge Ronald M. Whyte adopting Report and Recommendations as to 5 Report and Recommendations; granting 2 Motion for Leave to Proceed in forma pauperis (rmwlc1S, COURT STAFF) (Filed on 4/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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GILBERTO FIERROS,
Plaintiff,

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Case No. C-13-04435-RMW
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

[Re: Docket Nos. 2, 5]

IMMIGRATION AND NATURALIZATION
DIRECTOR,
Defendant.

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On September 24, 2013, plaintiff Gilberto Fierros (“Fierros”) filed a complaint alleging the

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defendant, Immigration and Naturalization Director, wrongfully deported him. Fierros also filed an

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application to proceed in forma pauperis. Dkt. No. 2. On January 6, 2014, the magistrate judge

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ordered that the case be reassigned to a district court judge. Dkt. No. 5. The magistrate also issued a

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report and recommendation that the court dismiss the complaint because the court lacks subject

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matter jurisdiction and fails to state a claim on which relief can be granted. Id. The case is now

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before the undersigned. The court having reviewed the magistrate judge’s report and there being no

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objections filed, the court adopts the magistrate judge’s report and recommendation in full. Fierros’

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motion for leave to proceed in forma pauperis is granted. However, the court lacks subject matter

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jurisdiction over this case, and, to the extent Fierros’ complaint raises any other claim for relief over
ORDER ADOPTING R&R
Case No. C-13-04435-RMW
RDS

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which this court might have subject matter jurisdiction, Fierros still fails to state a claim upon which

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relief can be granted. The court thus dismisses the case.

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Dated: April 7, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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ORDER ADOPTING R&R
Case No. C-13-04435-RMW
RDS

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