Mohammad v. King City Police Department

Filing 13

ORDER ADOPTING 7 REPORT AND RECOMMENDATION GRANTING 2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, AND DISMISSING COMPLAINT WITH PREJUDICE. Signed by Judge Beth Labson Freeman on 10/23/2017. (blflc2S, COURT STAFF) (Filed on 10/23/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KHALID MOHAMMAD,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-04477-BLF

v.
THE KING CITY POLICE DEPARTMENT,
Defendant.

ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE VAN KEULEN
AND DISMISSING CASE WITH
PREJUDICE

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The Court has reviewed the Report and Recommendation (“Report”) of Magistrate Judge

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Susan van Keulen granting Plaintiff Khalid Mohammad’s (“Mohammad”) request to proceed in

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forma pauperis, and dismissing this case with prejudice. ECF 7. The Court finds the Report

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correct, well reasoned, and thorough, and adopts it in every respect.

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When reviewing a Report and Recommendation for a nondispositive matter, a court must

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“set aside any part of the order that is clearly erroneous or is contrary to law.” Fed. R. Civ. P.

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72(a). For a dispositive matter, like the one at issue here, a court “must determine de novo any

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part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P.

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72(b)(1)(3). See also 28 U.S.C. § 636(b)(1). No objections to the Report and Recommendation

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have been filed and the deadline to object has lapsed. See Fed. R.Civ. P. 6(d), 72(b)(2) (deadline

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for objections is seventeen days after being served by mail); Certificate of Service, ECF 7-1

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(Mohammad served with Report by mail on September 28, 2017).

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This case is related to two prior actions before this Court: Mohammad v. King City Police

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Dep’t, Case No. 16-cv-02903-BLF; Mohammad v. King City Police Dep’t, Case No. 17-cv-00615-

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BLF. See Order Relating Cases, ECF 11. As Magistrate Judge van Keulen explains in the Report,

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this case is actually the fourth time that Mohammad has filed a claim arising out of his arrest and

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subsequent incarceration by a King City Police Department Officer. See Report at 2 (summarizing

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cases, including a similar case against a different defendant: Mohammad v. Cal. Dep’t of Corrs.,

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Case No. 14-cv-03837). Moreover, the Court has reviewed the record in the related cases and

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agrees with the Report that “the complaint here is virtually identical to the complaint Mohammad

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filed in [the related cases].” See Report at 2.

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One of the prior identical cases, 17-cv-00615, was dismissed without leave to amend on

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June 16, 2017 because this Court found that “Mohammad has, over the course of four years, three

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cases, and four motions, failed to remedy [the] basic error in his pleadings despite clear
warnings[.]” See Case No. 16-cv-615, ECF 21. The Court finds that this fourth attempt the state a

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United States District Court
Northern District of California

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claim regarding this incident fares no better than Mohammad’s first three cases. Thus, the Court

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agrees with the Report that this action is frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

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After reviewing the entire record in this case and the related actions, the Court finds the

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Report correct, well reasoned, and thorough, and adopts it in every respect. Accordingly, the

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Court ORDERS as follows:

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1.

Mohammad’s motion to proceed IFP is GRANTED because he satisfies the
economic eligibility requirement for IFP status;

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2.

The complaint in this action is DISMISSED WITH PREJUDICE.

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3.

The Clerk shall serve a copy of this Order on Mohammad and close the file.

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IT IS SO ORDERED.

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Dated: October 23, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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