Linsangan v. Guam Election Commission

Filing 31

Order ADOPTING 25 Report and Recommendations; GRANTING 4 Motion to Dismiss; DENYING 27 Objection to Report and Recommendation; DENYING 28 Request for Follow-Up; FINDING AS MOOT 9 Motion for Default Judgment; FINDING AS MOOT 10 Motio n to Strike ; FINDING AS MOOT 11 Motion to Strike; FINDING AS MOOT 15 Motion for Preliminary Injunction. Plaintiff shall have fourteen days from the date of this order to file an amended complaint satisfying the deficiencies identified in the report and recommendation. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/18/2018. (fad, )

THE DISTRICT COURT OF GUAM
SEDFREY M. LINSANGAN,

CIVIL CASE NO. 17-00128

Plaintiff,
vs.

ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION

GUAM ELECTION COMMISSION,
Defendant.

This section 1983 action alleges various violations of Plaintiff’s rights under Guam’s
Organic Act. ECF No. 1. Defendant has moved to dismiss the claims, contending Defendant is
an improper section 1983 party, Plaintiff’s claims are unripe, and Plaintiff cannot, on any set of
facts, state a claim for relief. ECF No. 4. The Magistrate Judge has issued a report on the
motion to dismiss, in which he recommends that the court dismiss the action with leave to amend
the complaint, so that Plaintiff may name appropriate section 1983 parties and allege facts, if
any, which may establish that Plaintiff’s claims are ripe. ECF No. 25.
Plaintiff filed timely objections to the Magistrate Judge’s report. ECF No. 27. Defendant
has now responded. ECF No. 29. When any party objects to any portion of a magistrate’s report

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and recommendation, the district court must undertake de novo review of those portions subject
to objections. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009).
The court has carefully considered Plaintiff’s objections and finds no basis for modifying
the Magistrate Judge’s report and recommendation. The court has also reviewed the relevant
portions of the limited record created thus far and finds no errors in the Magistrate Judge’s report
and recommendation.
CONCLUSION.
The Court ACCEPTS and ADOPTS the Magistrate Judge’s report and recommendation
in full. ECF No. 25. Defendant’s motion to dismiss is GRANTED. ECF No. 4. Plaintiff’s
objections and request for follow-up are DENIED. ECF Nos. 27, 28. Plaintiff’s motion for
default judgment is MOOT. ECF No. 9. Plaintiff’s motion to strike is MOOT. ECF No. 10.
Plaintiff’s motion to strike notice is MOOT. ECF No. 11. Plaintiff’s motion for preliminary
injunction is MOOT. ECF No. 15. Plaintiff shall have fourteen days from the date of this order
to file an amended complaint satisfying the deficiencies identified in the report and
recommendation.
SO ORDERED.

/s/ Frances M. Tydingco-Gatewood
Chief Judge
Dated: Jun 18, 2018

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