Diaz
Diaz v. Carlson
Opinion
Opinion
King, J.
ORDER
This matter comes before the court on Magistrate Judge C. Turchin’s Report and Recommendation (“R & R”) filed on March 12, 1997. Pursuant to 28 U.S.C. § 636 , the court has reviewed, de novo, -the entire file, including the Magistrate Judge’s R & R and plaintiffs objections thereto. Having fully considered this matter, the court rules as follows:
1. The R & R is hereby APPROVED in its entirety.
2. Although the Ninth Circuit Court of Appeals, in its May 22, 1995 unpublished memorandum opinion affirming, in part, and vacating and remanding, in part, the court’s denial of plaintiffs motion to proceed in for-ma pauperis and dismissal of his civil rights action, suggested in what manner plaintiffs complaint might be amended to allege a possible claim under 42 U.S.C. § 1983 , plaintiff has chosen not to do so inasmuch as his amended complaint merely reiterated the allegations and claims that were and are, as Magistrate Judge Turchin found, barred by the Rooker-Feldman doctrine.
3. Accordingly, Judgment shall be entered consistent with this order.