Allan H. F. Palmer v. Charles H. Palmer et al
ORDER ACCEPTING IN PART REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Josephine L. Staton 9 . (twdb)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ALLAN H. F. PALMER,
Case No. CV 16-05247-JLS (DFM)
Order Accepting in Part Report and
Recommendation of United States
CHARLES H. PALMER, et al.,
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended
Complaint (“FAC”), the records on file, and the Report and Recommendation of the
assigned United States Magistrate Judge. Further, the Court has engaged in a de novo
review of those portions of the Report and Recommendation to which objections have
been made. The Court accepts the findings and recommendation of the Magistrate
judge, except the Magistrate Judge’s determination that the First Amended Complaint
should be dismissed without leave to amend.
The Report and Recommendation directed Plaintiff to advise the Court if he
believed he could amend the FAC to make allegations to cure the deficiencies outlined
in the Report and Recommendation. (Doc. 9 at 9 n.4 (“If Plaintiff believes he can
amend the FAC to make allegations sufficient to state a [claim], he should say so in
his objection to this Report and Recommendation.”).) Notably, the Report and
Recommendation does not require that Plaintiff outline what those allegations would
be. In response, in his Objection to the Report and Recommendation, Plaintiff
indicated he believes he can make allegations sufficient to state a claim if he is given
the opportunity to amend the FAC. (Doc. 10 at 9-10.) Although Plaintiff does not
state with specificity what allegations he would make, he was directed only to state if
he believed he could amend to cure the identified deficiencies.
Therefore, the Court dismisses the present action without prejudice and with
leave to amend. Plaintiff shall file his Second Amended Complaint no later than thirty
(30) days of the entry of this Order. Failure to do so will result in dismissal of the
present action with prejudice.
IT IS SO ORDERED.
DATED: July 26, 2017
The Hon. Josephine L. Staton
United States District Judge
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