Leyva v. Biden et al

Filing 4

ORDER. IT IS THEREFORE ORDERED that the Magistrate Judge's 3 Report and Recommendation is ADOPTED in its entirety, this case is DISMISSED, the 1 application to proceed in forma pauperis is DENIED as moot, and the Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 3/12/2025. (Copies have been distributed pursuant to the NEF - ALZ)

Case 2:25-cv-00272-JAD-NJK

Document 4

Filed 03/12/25

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:25-cv-00272-JAD-NJK

NEVEEN LYNNE LEYVA,
Plaintiff,

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v.

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JOE BIDEN, et al.,

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Defendants.

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING CASE
ECF Nos. 1, 3

12 On 2/24/25, the magistrate judge entered this report and recommendation [ECF No. 3]:
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District courts have the authority to dismiss cases sua sponte without notice when the

14 plaintiff “cannot possibly win relief.” Sparling v. Hoffman Constr. Co., 864 F.2d 635, 638 (9th
15 Cir. 1988). A complaint should be dismissed for failure to state a claim upon which relief may be
16 granted “if it appears beyond a doubt that the plaintiff can prove no set of facts in support of his
17 claims that would entitle him to relief.” Buckey v. Los Angeles, 968 F.2d 791, 794 (9th Cir. 1992).
18 A complaint may be dismissed as frivolous if it is premised on a nonexistent legal interest or
19 delusional factual scenario. Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Moreover, “a
20 finding of factual frivolousness is appropriate when the facts alleged rise to the level of the
21 irrational or the wholly incredible, whether or not there are judicially noticeable facts available to
22 contradict them.” Denton v. Hernandez, 504 U.S. 25, 33 (1992). When a court dismisses a
23 complaint, the plaintiff should be given leave to amend with directions as to curing its deficiencies,
24 unless it is clear from the face of the complaint that the deficiencies could not be cured by
25 amendment. See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995). “When a case may
26 be classified as frivolous or malicious, there is, by definition, no merit to the underlying action and
27 so no reason to grant leave to amend.” Lopez v. Smith, 203 F.3d 1122, 1127 n.8 (9th Cir. 2000)
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Case 2:25-cv-00272-JAD-NJK

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Document 4

Filed 03/12/25

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Plaintiff alleges that she was killed for having green eyes, that her legs were broken by

2 Steve Jobs’ family in the White House, that a big head was added to her by Kim Kardashian and
3 Angelina Jolie, and that she has been controlled and hacked by the FBI since 2019. Docket No.
4 1-1 at 3. Plaintiff also raises numerous other allegations concerning Joe Biden, Barack Obama,
5 Selena Gomez, Justin Bieber, and Taylor Swift. Id. Based on these allegations, Plaintiff seeks
6 $1,000,000,000, “to stop being compelled to speak,” and for her “movement to stop being
7 controlled.” Id. at 4. In light of the delusional factual scenario and nonexistent legal interest at
8 issue, Plaintiff’s complaint is appropriately dismissed.
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Accordingly, the undersigned RECOMMENDS that this case be DISMISSED with

10 prejudice.
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Dated: February 24, 2025
______________________________
Nancy J. Koppe
United States Magistrate Judge

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Order Adopting R&R
The deadline for the plaintiff to object to this recommendation was 3/10/25, and the

17 plaintiff neither filed anything or asked to extend the deadline to do so. “[N]o review is required
18 of a magistrate judge’s report and recommendation unless objections are filed.” United States v.
19 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and
20 recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that
21 the Magistrate Judge’s Report and Recommendation [ECF No. 3] is ADOPTED in its entirety,
22 this case is DISMISSED, the application to proceed in forma pauperis [ECF No. 1] is DENIED
23 as moot, and the Clerk of Court is directed to CLOSE THIS CASE.
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_________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: March 12, 2025

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