Rivadeneira v. Department of Homeland Security et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 2 Motion for Leave to Proceed in forma pauperis; adopting 7 Report and Recommendations; denying 8 Motion by Judge Daniel L. Hovland.(MM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Dr. Felix Guzman Rivadeneira, on behalf
of the thousands of federal detainees and
their families here in United States of
America and all over the world,

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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 1:15-cv-079
Department of Homeland Security
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(D.H.S.), et. al.,
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Defendants.
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______________________________________________________________________________
The Plaintiff initiated this action on June 15, 2015. See Docket No. 1. On June 24, 2015,
Judge Miller issued a Report and Recommendation in which he recommended the application to
proceed in forma pauperis be denied and the action be dismissed with prejudice as the Plaintiff had
filed identical complaints in other federal district courts, and because North Dakota is not the proper
venue for this action. See Docket No. 7. The parties were given fourteen days to file any objections
to the Report and Recommendation. No objections were filed although the Plaintiff filed a “motion
to consider venue” on August 3, 2015. See Docket No. 8.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. The action is
frivolous and dismissal is warranted.

Accordingly, the Court ADOPTS the Report and

Recommendation (Docket No. 7) in its entirety. The application to proceed in forma pauperis
(Docket No. 2) and motion to consider venue (Docket No. 8) are DENIED and the action is
DISMISSED with prejudice.
IT IS SO ORDERED.
Dated this 10th day of August, 2015.

/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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