Adams v. Burton

Opinion

BRANDON G. ADAMS, Case No.: 2:22-cv-00076-APG-VCF

Plaintiff Order Accepting Report and Recommendation v. [ECF No. 8] REBECCA L. BURTON, et al.,

Defendants

On February 8, 2022, Magistrate Judge Ferenbach recommended that I dismiss plaintiff Brandon Adams’ complaint because (1) it appears Adams is seeking to appeal state court rulings in a family law case over which this court has no jurisdiction; (2) defendants Rebecca Burton, Linda Bell, and Cecilia Dixon would be entitled to absolute and quasi-judicial immunity; (3) and Adams cannot state a claim under 42 U.S.C. § 1983 against defendant Yvette Adams, who is the mother of Adams’ children, because she is not a state actor. ECF No. 8. Adams objects, arguing that by recommending dismissal, Judge Ferenbach is violating Adams’ Seventh Amendment right to a jury trial. ECF No. 9 at 1. Adams also references treaties; oaths of office; the First, Fifth, Six, Eighth, and Fourteenth Amendments; and fraud on the court because the court’s caption does not reflect a jury demand even though his complaint indicated that he wanted a jury. ECF Nos. 9, 13. Reviewing the matter de novo, dismissal is warranted. See LR IB 3-2(b). First, Adams does not dispute that his complaint is an appeal of the state court’s rulings over which this court has no jurisdiction; that defendants Burton, Bell, and Dixon are entitled to judicial immunity; or that he cannot plausibly assert a § 1983 claim against Yvette Adams, who is not a state actor. He therefore fails to state a claim against any defendant over which this court has jurisdiction. ] Second, dismissing a claim where the law compels dismissal (as it does here) does not violate the Seventh Amendment. See In re Slatkin, 525 F.3d 805, 811 (9th Cir. 2008) (“As the Supreme Court held, over one hundred years ago, a summary judgment proceeding does not deprive the losing party of its Seventh Amendment right to a jury trial.”). Finally, the court caption has been corrected to show that Adams requested a jury trial. Consequently, there is no fraud on the court. 7 I THEREFORE ORDER that Magistrate Judge Ferenbach’s report and recommendation (ECF No. 8) is accepted. Plaintiff Brandon Adams’ complaint (ECF No. 1-1) is dismissed. The 9} clerk of court is instructed to close this case. DATED this 2nd day of March, 2022. UIE "2 ANDREWP.GORDON B UNITED STATES DISTRICT JUDGE