Hobson v. McDonald et al

Filing 12

ORDER that Plaintiffs' Second Amended Complaint (Doc. 11 ) is dismissed. The Clerk of the Court shall terminate this case. Signed by Magistrate Judge Eileen S Willett on 12/2/16. (KGM)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Kevin Lewis Hobson, Plaintiff, 10 11 ORDER v. 12 No. CV-16-02545-PHX-ESW Robert McDonald, et al., 13 Defendants. 14 15 16 Before the Court is Plaintiff’s Second Amended Complaint (Doc. 11). On July 6, 17 2016, the United States District Court for the Eastern District of Pennsylvania granted 18 Plaintiff’s application to proceed in forma pauperis, screened Plaintiff’s Complaint 19 pursuant to 28 U.S.C. § 1915(e)(2), and ordered Plaintiff to file an amended complaint 20 curing deficiencies noted by the Court (Doc. 2). Plaintiff filed an Amended Complaint 21 (Doc.5) which failed to cure the deficiencies noted by the Court. Rather than screen the 22 Amended Complaint, the Court transferred the action to the United States District Court 23 for the District of Arizona (Doc. 6). Upon receipt of Plaintiff’s Amended Complaint, this 24 Court screened the Amended Complaint as required pursuant to 28 U.S.C. § 1915(e)(2). 25 The Court dismissed the Amended Complaint for failure to state a claim upon which 26 relief may be granted and again granted Plaintiff leave to amend to cure the deficiencies 27 contained in the Amended Complaint (Doc. 10). The Court further ordered that the 28 second amended complaint may not be served until the Court screens it. The Court finds 1 that Plaintiff’s Second Amended Complaint is substantially the same as his original and 2 Amended Complaints and does not cure the defects identified in the Court’s prior Orders. 3 Plaintiff’s Second Amended Complaint fails to state a claim upon which relief may be 4 granted. 5 6 7 8 9 Accordingly, for the reasons discussed in the Court’s September 14, 2016 Order (Doc. 10) and July 6, 2016 Order (Doc. 2), IT IS ORDERED that Plaintiffs’ Second Amended Complaint (Doc. 11) is dismissed. The Clerk of the Court shall terminate this case. Dated this 2nd day of December, 2016. 10 11 12 Honorable Eileen S. Willett United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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