Hobson v. McDonald et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Kevin Lewis Hobson,
Robert McDonald, et al.,
Before the Court is Plaintiff’s Second Amended Complaint (Doc. 11). On July 6,
2016, the United States District Court for the Eastern District of Pennsylvania granted
Plaintiff’s application to proceed in forma pauperis, screened Plaintiff’s Complaint
pursuant to 28 U.S.C. § 1915(e)(2), and ordered Plaintiff to file an amended complaint
curing deficiencies noted by the Court (Doc. 2). Plaintiff filed an Amended Complaint
(Doc.5) which failed to cure the deficiencies noted by the Court. Rather than screen the
Amended Complaint, the Court transferred the action to the United States District Court
for the District of Arizona (Doc. 6). Upon receipt of Plaintiff’s Amended Complaint, this
Court screened the Amended Complaint as required pursuant to 28 U.S.C. § 1915(e)(2).
The Court dismissed the Amended Complaint for failure to state a claim upon which
relief may be granted and again granted Plaintiff leave to amend to cure the deficiencies
contained in the Amended Complaint (Doc. 10). The Court further ordered that the
second amended complaint may not be served until the Court screens it. The Court finds
that Plaintiff’s Second Amended Complaint is substantially the same as his original and
Amended Complaints and does not cure the defects identified in the Court’s prior Orders.
Plaintiff’s Second Amended Complaint fails to state a claim upon which relief may be
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.
Honorable Eileen S. Willett
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?