Opinion
23-cv-03669-LB
10-25-2023
ELIJAH DOMINGUEZ, Plaintiff, v. JOHN ALLAN ABACI, et al., Defendants.
ORDER REASSIGNING CASE; REPORT AND RECOMMENDATION TO DISMISS AMENDED COMPLAINT
RE: ECF NOS. 10, 11
LAUREL BEELER, United States Magistrate Judge
The plaintiff, who represents himself and is proceeding in forma pauperis, sued to obtain public records about his arrest on September 23, 2019. The court previously screened the case for minimum legal viability under 28 U.S.C. § 1915(e)(2)(B), said that the public-records request belonged in state court because it is not a constitutional violation, and allowed the plaintiff an opportunity to explain more fully what happened to him in an amended complaint. The court adopts that earlier analysis fully by this reference. The plaintiff filed an amended complaint that is about old conduct and is at its core a current public-records request that should be filed in state court. For the reasons stated in the earlier order, the case must be dismissed for lack of federal jurisdiction without prejudice to the plaintiff's filing it in state court.
Compl. - ECF No. 1. Citations refer to material in the Electronic Case File (ECF); pinpoint citations are to the ECF-generated page numbers at the top of documents.
Order - ECF No. 7.
Am. Compl. - ECF No. 10.
Because not all parties have appeared in the case and consented to magistrate-judge jurisdiction, the case must be reassigned. The court directs the Clerk of Court to reassign the case to a district judge and recommends that the newly assigned district judge dismiss the complaint under 28 U.S.C. § 1915(e)(2) without prejudice.
Any party must serve and file specific written objections to this recommendation within fourteen days after being served with a copy. 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b)(2); N.D. Cal. Civ. L.R. 72-3. Failure to file a written objection within the specified time may waive the right to appeal the district court's order.
IT IS SO ORDERED AND RECOMMENDED.