Shafirovich v. Trump ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARKADY SHAFIROVICH, No. 1:20-cv-01343-DAD-EPG (PS) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 DONALD JOHN TRUMP, et al., (Doc. No. 5) 15 Defendants. 16 17 Plaintiff Arkady Shafirovich, proceeding pro se and in forma pauperis, filed the complaint 18 in this action on September 21, 2020. (Doc. No. 1.) The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 1, 2020, the assigned magistrate judge screened the complaint and issued 21 findings and recommendations recommending dismissal with prejudice, finding the complaint to 22 be frivolous. (Doc. No. 5.) The findings and recommendations were served on plaintiff and 23 contained notice that objections thereto were due within twenty-one (21) days. (Id. at 5–6.) 24 Plaintiff timely filed objections on October 15, 2020. (Doc. No. 6.) 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 26 de novo review of the case. Having carefully reviewed the entire file, including plaintiff’s 27 objections, the court finds the findings and recommendations to be supported by the record and 28 by proper analysis. 1 In his objections, plaintiff asserts that the findings and recommendations “enumerated 2 | many cases where plaintiffs alleged torture by electromagnetic radiation,” and the “mere number 3 | of these cases says something IS happening.” (Doc. No. 6 at 1.) Plaintiff attaches to his 4 | objections what he characterizes as a “whistle-blower’s testimony” and notes that pro se litigants 5 || are afforded a more lenient standard of review. (/d.) The court has reviewed plaintiff's filing and 6 | finds that nothing provided therein cures the deficiencies identified in the findings and 7 || recommendations. As the magistrate judge correctly found, “a finding of factual frivolousness is 8 || appropriate when the facts alleged rise to the level of the irrational or the wholly incredible.” 9 | Denton v. Hernandez, 504 U.S. 25, 33 (1992). The undersigned finds that the facts alleged in 10 | plaintiff's complaint meet that standard. 11 Accordingly, 12 1. The findings and recommendations issued on October 1, 2020 (Doc. No. 5) are 13 adopted in full; 14 2. Plaintiff's complaint (Doc. No. 1) is dismissed with prejudice; 15 3. Plaintiff is denied leave to amend the complaint; and 16 4. The Clerk of the Court is directed to close this case. 17 | IT IS SO ORDERED. ~ sie 18 Dated: _ March 22, 2021 Aa Th Ss ae 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28