Davis v. Metro PCS et al

Filing 10

ORDER by Judge James Donato adopting Report and Recommendations as to 8 Report and Recommendations.. (lrcS, COURT STAFF) (Filed on 6/16/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MICHAEL C. DAVIS,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11
12

Case No. 16-cv-02212-JD

ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
METRO PCS, et al.,

Re: Dkt. No. 8

Defendants.
The Court has reviewed Magistrate Judge Jacqueline Scott Corley’s report and

13

recommendation, recommending that the Court dismiss the action under 28 U.S.C. § 1915 with

14

leave to amend. Dkt. No. 8. No objections have been filed in response to the report, and the time

15

to file objections has expired. See Fed. R. Civ. P. 72.

16

The Court has carefully reviewed Magistrate Judge Corley’s report and finds it to be

17

thorough and well-reasoned. The Court consequently adopts the report and recommendation in

18

full. For the reasons stated in the report and recommendation, the Court dismisses plaintiff’s

19

complaint (Dkt. No. 1) pursuant to 28 U.S.C. § 1915(e) for failure to allege facts necessary to

20

establish federal subject matter jurisdiction.

21

Plaintiff may file an amended complaint by July 8, 2016 that clarifies the basis for the

22

Court’s subject matter jurisdiction. Plaintiff is advised that this case will be dismissed if no

23

amended complaint is filed by that date.

24
25

IT IS SO ORDERED.
Dated: June 16, 2016

26
27
28

JAMES DONATO
United States District Judge

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

MICHAEL C. DAVIS,

Case No. 16-cv-02212-JD

Plaintiff,
5
v.

CERTIFICATE OF SERVICE

6
7

METRO PCS, et al.,
Defendants.

8
9
10

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

11
12
13
14
15

That on June 16, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

16
17
18

Michael C. Davis
1328 Park Street, Apt 26
Alameda, CA 94501

19
20

Dated: June 16, 2016

21
22
23

Susan Y. Soong
Clerk, United States District Court

24
25
26

By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

27
28
2