de Tagle v. Superior Court of California

Filing 8

ORDER ADOPTING #5 REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND. Signed by Judge Beth Labson Freeman on 11/9/23. (blflc2, COURT STAFF) (Filed on 11/10/2023)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) (Additional attachment(s) added on 11/15/2023: #1 Certificate/Proof of Service) (tsh, COURT STAFF).

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

AUSTIN DE TAGLE,
Plaintiff,

8

United States District Court
Northern District of California

9

Case No. 23-cv-05137-BLF

v.

10

SUPERIOR COURT OF CALIFORNIA,

11

Defendant.

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING CASE

12
13

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

14

Susan van Keulen, which granted Plaintiff Austin de Tagle’s application to proceed in forma

15

pauperis, screened his complaint under 28 U.S.C. § 1915(e), and recommended dismissal of the

16

complaint without leave to amend. ECF No. 5. No objections to the R&R have been filed and the

17

deadline to object has lapsed. See Fed. R. Civ. P. 72(b)(2) (deadline for objections is fourteen

18

days after being served). The R&R recommends dismissal with prejudice because Defendant

19

Superior Court of California is entitled to Eleventh Amendment immunity. R&R at 3. The Court

20

finds the R&R correct, well-reasoned, and thorough, and adopts it in every respect. Accordingly,

21

the Court DISMISSES the complaint without leave to amend.

22
23

IT IS SO ORDERED.

24
25
26
27
28

Dated: November 9, 2023
______________________________________
BETH LABSON FREEMAN
United States District Judge