1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 BRANDON G. ADAMS, Case No.: 2:22-cv-00076-APG-VCF

4 Plaintiff Order Accepting Report and Recommendation 5 v. [ECF No. 8] 6 REBECCA L. BURTON, et al.,

7 Defendants

8 On February 8, 2022, Magistrate Judge Ferenbach recommended that I dismiss plaintiff 9 Brandon Adams’ complaint because (1) it appears Adams is seeking to appeal state court rulings 10 in a family law case over which this court has no jurisdiction; (2) defendants Rebecca Burton, 11 Linda Bell, and Cecilia Dixon would be entitled to absolute and quasi-judicial immunity; (3) and 12 Adams cannot state a claim under

against defendant Yvette Adams, who is the 13 mother of Adams’ children, because she is not a state actor. ECF No. 8. Adams objects, arguing 14 that by recommending dismissal, Judge Ferenbach is violating Adams’ Seventh Amendment 15 right to a jury trial. ECF No. 9 at 1. Adams also references treaties; oaths of office; the First, 16 Fifth, Six, Eighth, and Fourteenth Amendments; and fraud on the court because the court’s 17 caption does not reflect a jury demand even though his complaint indicated that he wanted a jury. 18 ECF Nos. 9, 13. 19 Reviewing the matter de novo, dismissal is warranted. See LR IB 3-2(b). First, Adams 20 does not dispute that his complaint is an appeal of the state court’s rulings over which this court 21 has no jurisdiction; that defendants Burton, Bell, and Dixon are entitled to judicial immunity; or 22 that he cannot plausibly assert a § 1983 claim against Yvette Adams, who is not a state actor. He 23 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 2|| violate the Seventh Amendment. See In re Slatkin,

(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. 10 DATED this 2nd day of March, 2022. UIE "2 ANDREWP.GORDON B UNITED STATES DISTRICT JUDGE

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