El Bey v. Lui et al

Filing 26

ORDER AFFIRMING 24 REPORT AND RECOMMENDATION AND ADOPTING IT IN FULL. Signed by Judge William H. Orrick on 06/04/2024. (jmd, COURT STAFF) (Filed on 6/4/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFFERY DEAN HERSEY EL BEY,

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Plaintiff,

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v.

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JOHN NORDEN, et al.,

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Defendants.

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ORDER AFFIRMING REPORT AND
RECOMMENDATION AND
ADOPTING IT IN FULL
Re: Dkt. Nos. 15, 24

On April 24, 2024, Magistrate Judge Alex Tse issued a Report and Recommendation,

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United States District Court
Northern District of California

Case No. 3:23-cv-00108-WHO

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recommending that plaintiff John Norden’s claims arising from the towing and impounding of his

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vehicle on or about September 6, 2022, be dismissed without leave to amend. Dkt. No. 24. The

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deadline for objections has passed and none was filed.
Having reviewed the record in this case, I agree with Judge Tse’s Report and

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Recommendation and adopt it in full. Plaintiff was given several opportunities to allege claims

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regarding the towing and impounding of his vehicle but failed to do so. He was also given

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multiple opportunities to respond to defendants’ motion to dismiss but failed to file a substantive

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response. Dkt. No. 24 at 4, 5.
For the reasons discussed by Judge Tse, defendants’ motion to dismiss is GRANTED and

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this case is DISMISSED without leave to amend but without prejudice.1 The Clerk shall close this

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case.
IT IS SO ORDERED.

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Dated: June 4, 2024

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William H. Orrick
United States District Judge

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For clarity, this Order is limited to plaintiff’s “vehicle-related” claims and does not address the
claims plaintiff attempted to add to this case without leave or the claims plaintiff raises in Case
No. 23-cv-00107-JSC.
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