Jimenez v. United States

Opinion

EVELYN JIMENEZ, Case No. 1:24-cv-01376 JLT SKO Plaintiff, ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS, v. DISMISSING THE FIRST AMENDED COMPLAINT, AND DIRECTING THE UNITED STATES OF AMERICA and CLERK OF COURT TO CLOSE THE CASE FEDERAL BUREAU OF INVESTIGATION, (Doc. 9) Defendants. Evelyn Jimenez is proceeding pro se and in forma pauperis in this action seeking to hold the defendants liable for “global identification – Los Banos, CA,” “DMV Identification – Los Banos, CA,” and “other Identification – San Diego and customs and borders – San Diego, CA.” (Doc. 7.) The magistrate judge reviewed the First Amended Complaint and found that, “despite the explicit recitation of the deficiencies of the original complaint, Plaintiff has failed to plead any cognizable claims.” (Doc. 9 at 1.) Plaintiff failed to plead any “factual allegations in the complaint that identify the basis any federal claim(s),” did not “specify what state statute(s) she finds unconstitutional and what basis she has for doing so, as specified in the Civil Cover Sheet,” did not articulate the relief that she is seeking in the action, and failed to plead “any allegations that would enable the Court to determine any basis by which Plaintiff could bring suit against the United States or the FBI.” (Ud. at 3-4.) Furthermore, the magistrate judge found Plaintiff “repeatedly demonstrated that she is unable to marshal facts sufficient to constitute a cognizable claim and that the addition of more detailed factual allegations or revision of Plaintiff's claims will not cure the defects of her amended complaint.” (/d. at 5.) Therefore, the magistrate judge recommended dismissal without leave to amend for failure to state a claim. Ud.) The Court served the Findings and Recommendations on Plaintiff and notified her that any objections were due within 14 days. (Doc. 9 at 1, 5-6.) The Court advised Plaintiff that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” Ud. at 5-6, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations issued February 27, 2025 (Doc. 9) are ADOPTED in full. 2. This action is DISMISSED due to Plaintiffs failure to state a claim. 3. The Clerk of Court is directed to CLOSE this case. Dated: _Mareh 25, 2025 Charis [Tourn TED STATES DISTRICT JUDGE