Kennedy v. Biden, Jr. ( 2024 )


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  • 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 ALEA R. KENNEDY, Case No. 2:24-cv-00018-MMD-BNW 7 Plaintiff, ORDER v. 8 JOSEPH ROBINETTE BIDEN, JR., 9 Defendant. 10 11 In her 55-page amended complaint, pro se Plaintiff Alea R. Kennedy brings several 12 claims against President Joseph R. Biden, Jr. (ECF No. 10 (“Amended Complaint”).) 13 Before the Court is the Report and Recommendation (“R&R”) of United States Magistrate 14 Judge Brenda Weksler, screening the Amended Complaint and recommending that it be 15 dismissed with prejudice. (ECF No. 11.) Kennedy has not filed an objection to the R&R. 16 The Court will adopt the R&R in full. 17 Because there is no objection, the Court need not conduct de novo review, and is 18 satisfied that Judge Weksler did not clearly err. See United States v. Reyna-Tapia, 328 19 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 20 recommendations is required if, but only if, one or both parties file objections to the 21 findings and recommendations.”). 22 Judge Weksler found that Kennedy failed to state a claim upon which relief can be 23 granted because the allegations in her Amended Complaint describe “fantastic and 24 delusional scenarios.” (ECF No. 11 at 2.) See also Neitzke v. Williams, 490 U.S. 319, 25 327-28 (1989) (holding that courts may “dismiss those claims whose factual contentions 26 are clearly baseless,” such as “claims describing fantastic or delusional scenarios”). The 27 Court agrees. Kennedy has, for example, alleged that Biden “elected to deploy a human 28 cloning project to subsume [Kennedy’s] personal brand, reputation, and personal 1 || identity’; “the British Royal Family colluded with [Biden] to contriave [sic] [Kennedy’s] 2 || ongoing and extreme torture”; and emergency medical care provided by Adam Sanders, 3 || the son of Senators Elizabeth Warren and Bernie Sanders, “incited the death of Elijah 4 || McClain.” (ECF No. 10 at 2, 15, 21.) Kennedy goes on to accuse many other notable 5 || figures and persons in her life of sexual misconduct, torture, conspiracy, and other 6 || misdeeds. (/d.) The Court is thus satisfied that Judge Weksler did not clearly err in finding 7 || that Kennedy has not stated claims upon which relief can be granted and that further 8 || amendment would be futile. 9 It is therefore ordered that Judge Weksler’s R&R (ECF No. 11) is accepted and 10 || adopted in full. 11 Itis further ordered that Kennedy’s Amended Complaint (ECF No. 10) is dismissed 12 || with prejudice. 13 The Clerk of Court is directed to enter judgment accordingly and close this case. 14 DATED THIS 10* Day of July 2024. 15 16 ( ( | , ) 17 MIRANDA M. DU 18 CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:24-cv-00018

Filed Date: 7/10/2024

Precedential Status: Precedential

Modified Date: 11/2/2024