Flaugher v. California Department of Motor Vehicles

Filing 11

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS (denying 4 ) by Judge Alsup. Amended Pleadings due by 12/6/2017. (whalc2, COURT STAFF) (Filed on 11/15/2017) (Additional attachment(s) added on 11/15/2017: # 1 Certificate/Proof of Service) (cl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DOUGLAS W. FLAUGHER,

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For the Northern District of California

United States District Court

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No. C 17-04886 WHA

Plaintiff,
v.
ORDER ADOPTING REPORT
AND RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF
MOTOR VEHICLES,
Defendant.
/

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On August 23, plaintiff Douglas Flaugher, proceeding pro se, brought this action against

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the California Department of Motor Vehicles based on allegations that the DMV provided him

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with a fraudulent driver’s license. Flaugher also filed an application to proceed in forma

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pauperis and a motion to appoint counsel (Dkt. Nos. 3–4). On August 28, Magistrate Judge

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Donna Ryu granted Flaugher’s application to proceed in forma pauperis (Dkt. No. 5). On

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October 18, Judge Ryu filed a report and recommendations to dismiss this action with leave to

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amend and to deny the motion to appoint counsel without prejudice (Dkt. No. 9). This action

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was then reassigned to the undersigned judge. Any objections to Judge Ryu’s report and

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recommendations were due by November 1. As of the date of this order, Flaugher still has not

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filed any objection.

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The Court has reviewed and hereby ADOPTS IN FULL Judge Ryu’s report and

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recommendations. Accordingly, Flaugher’s motion to appoint counsel is DENIED without

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prejudice and this action is DISMISSED. Flaugher may file an amended complaint by

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DECEMBER 6 AT NOON.

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IT IS SO ORDERED.

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Dated: November 15, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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