Ross v. JFK Towers Tenants et al

Filing 12

ORDER DISMISSING COMPLAINT WITH PREJUDICE. Signed by Judge Nathanael Cousins on 1/10/12. (Attachments: # 1 Certificate of service)(lmh, COURT STAFF) (Filed on 1/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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LEONARD D. ROSS,
Plaintiff,

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ORDER DISMISSING
COMPLAINT WITH PREJUDICE

v.

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Case Number 11-cv-05467 NC

Re: Dkt. No. 11
JFK TOWERS TENANTS; KOMAL D.
GOUNDAS; and JOHN A. ADEKUNJO,
Defendants.

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On December 15, 2011, the Court dismissed Ross’s complaint for housing discrimination

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for failure to state a claim upon which relief may be granted. Dkt. No. 10. Ross filed an

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amended complaint on January 9, 2012. Dkt. No. 11. A district court may dismiss the complaint

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of an IFP applicant at any time if it determines that the complaint fails to state a claim upon

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which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). As Ross’s amended complaint is

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devoid of any allegations that give rise to the reasonable inference that Defendants discriminated

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against Ross, and because Ross consented to the jurisdiction of a magistrate judge, Dkt. No. 5,

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the amended complaint is DISMISSED WITH PREJUDICE.

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IT IS SO ORDERED.

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DATED: January 10, 2012
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____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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11-cv-05467 NC
ORDER DISMISSING CASE
Case N o.