Brown v. Beard et al

Filing 26

ORDER signed by Senior Judge William B. Shubb on 04/05/19 DISMISSING case without prejudice. CASE CLOSED (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANCE L. BROWN,

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No. 2:15-CV-0370-WBS-DMC-P

Plaintiff,
v.

ORDER

JEFFREY BEARD, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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Eastern District of California local rules.

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On November 15, 2018, the Magistrate Judge dismissed plaintiff’s complaint but

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granted leave to amend within 30 days, while giving instructions on how plaintiff could cure the

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deficiencies of the original complaint. (Docket No. 21.) Plaintiff was also warned that failure to

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amend the complaint within 30 days could result in dismissal of this action. Plaintiff did not file

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an amended complaint within 30 days, and on January 16, 2019, the Magistrate Judge filed

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findings and recommendations recommending that the case be dismissed without prejudice and

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which contained notice that the parties may file objections within the time specified therein.

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(Docket No. 23.) No objections to the findings and recommendations have been filed.

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The court has reviewed the file and finds the Magistrate Judge’s November 15,
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2018 dismissal with leave to amend to be supported by the record and the Magistrate Judge’s

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analysis. The court also agrees that the case should now be dismissed, as recommended by the

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Magistrate Judge. The court construes plaintiff’s failure to file an amended complaint as an

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acknowledgment that the plaintiff cannot improve upon the allegations of the original complaint

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consistent with the Magistrate Judge’s November 15, 2018 order. Therefore, for the reasons

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stated by the Magistrate Judge in the November 15, 2018, the court finds that plaintiff’s

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complaint fails to state a claim upon which relief may be granted, and for that reason the case will

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be dismissed without prejudice.

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IT IS THEREFORE ORDERED that this action be, and the same hereby is,

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DISMISSED without prejudice. The Clerk of the Court is directed to enter judgment and close

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this file.

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Dated: April 5, 2019

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