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4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6

7 NEVEEN LYNNE LEYVA, Case No. 2:25-cv-00272-JAD-NJK 8 Plaintiff, REPORT AND RECOMMENDATION 9 v.

10 JOE BIDEN, et al., 11 Defendants. 12 District courts have the authority to dismiss cases sua sponte without notice when the 13 plaintiff “cannot possibly win relief.” Sparling v. Hoffman Constr. Co.,

, 638 (9th 14 Cir. 1988). A complaint should be dismissed for failure to state a claim upon which relief may be 15 granted “if it appears beyond a doubt that the plaintiff can prove no set of facts in support of his 16 claims that would entitle him to relief.” Buckey v. Los Angeles,

, 794 (9th Cir. 1992). 17 A complaint may be dismissed as frivolous if it is premised on a nonexistent legal interest or 18 delusional factual scenario. Neitzke v. Williams,

(1989). Moreover, “a 19 finding of factual frivolousness is appropriate when the facts alleged rise to the level of the 20 irrational or the wholly incredible, whether or not there are judicially noticeable facts available to 21 contradict them.” Denton v. Hernandez,

(1992). When a court dismisses a 22 complaint, the plaintiff should be given leave to amend with directions as to curing its deficiencies, 23 unless it is clear from the face of the complaint that the deficiencies could not be cured by 24 amendment. See Cato v. United States,

(9th Cir. 1995). “When a case may 25 be classified as frivolous or malicious, there is, by definition, no merit to the underlying action and 26 so no reason to grant leave to amend.” Lopez v. Smith,

, 1127 n.8 (9th Cir. 2000) 27 (en banc). 28 ] Plaintiff alleges that she was killed for having green eyes, that her legs were broken by Steve Jobs’ family in the White House, that a big head was added to her by Kim Kardashian and Angelina Jolie, and that she has been controlled and hacked by the FBI since 2019. Docket No. 4] 1-1 at 3. Plaintiff also raises numerous other allegations concerning Joe Biden, Barack Obama, Selena Gomez, Justin Bieber, and Taylor Swift. /d. Based on these allegations, Plaintiff seeks 6|| $1,000,000,000, “to stop being compelled to speak,” and for her “movement to stop being 7| controlled.” Jd. at 4. In light of the delusional factual scenario and nonexistent legal interest at 8|| issue, Plaintiff's complaint is appropriately dismissed. 9 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED with 10] prejudice. 11 Dated: February 24, 2025

Nancy ik oppe 13 United-States Magistrate Judge 14 15 NOTICE 16 This report and recommendation is submitted to the United States District Judge assigned 17] to this case pursuant to

(b)(1). A party who objects to this report and 18] recommendation must file a written objection supported by points and authorities within fourteen 19] days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file 20] a timely objection may waive the right to appeal the district court’s order. Martinez v. YIst, 951 21] F.2d 1153, 1157 (9th Cir. 1991). 22 23 24 25 26 27 28