Opinion
1:23-cv-00860-CL
09-20-2023
GILBERT A. RIVERO, Plaintiff, v. CHILD SUPPORT OF MEDFORD, OR, and D.A. MATHEW MCCAULEY, Defendants.
FINDINGS AND RECOMMENDATION
MARK D. CLARKE, UNITED STATES MAGISTRATE JUDGE
Plaintiff Gilbert Anthony Rivero, a self-represented litigant, seeks to proceed in forma pauperis (“IFP”) in this action against “Child Support of Medford, OR,” and “D.A. Mathew McCauley,” an individual who Plaintiff alleges used to be a deputy district attorney at the Jackson County District Attorney's Office. On July 6, 2023, the Court dismissed Plaintiffs Complaint (#1) because it failed to state a claim for relief, because the alleged facts took place more than 20 years ago, well beyond any applicable statute of limitations, and because it appeared the Court lacked subject matter jurisdiction (ECF#6). In an abundance of caution, the Court dismissed the Complaint without prejudice and with leave to file an Amended Complaint.
On July 17, 2023, Plaintiff filed an Amended Complaint. This filing did not allege any amended facts or clarifying information but reiterated Plaintiffs prior allegations and renewed his request for appointment of counsel. Because it does not appear that any amendments could possibly cure the deficiencies of the statute of limitations and the lack of subject matter jurisdiction, this case should be dismissed with prejudice. The remaining pending motions for IFP status and appointment of counsel should be denied.
SCHEDULING
This Findings and Recommendation will be referred to a district judge. Objections, if any, are due no later than fourteen (14) days after the date this recommendation is entered. If objections are filed, any response is due within fourteen (14) days after the date the objections are filed. See FED. R. CIV. P. 72, 6.
Parties are advised that the failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).