Ramirez

Ramirez v. Swift

Good Law
United States District Court, Northern District of CaliforniaNovember 13, 20233:23-cv-03826California288 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELIAS TORRES RAMIREZ, Case No. 23-cv-03826-AMO

Plaintiff,

ORDER ADOPTING MAGISTRATE

v. JUDGE’S REPORT AND

RECOMMENDATION

TAYLOR ALISON SWIFT, Re: Dkt. No. 28 Defendant.

12 The Court has reviewed Magistrate Judge Kandis A. Westmore’s Report and Recommendation to dismiss this case for failure to file an amended in forma pauperis application or pay the filing fee, as well as Mr. Ramirez’s further filings, none of which appear to be objections to the Report. The Court finds the Report correct, well-reasoned and thorough, and adopts it in every respect. In particular, the Court agrees with Judge Westmore’s recommendation that Ramirez’s complaint be dismissed with prejudice because the factual allegations are plainly frivolous. As noted, courts have “the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” ECF 28 at 2 (quoting Neitzke v.…

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