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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 JEFFERY DEAN HERSEY EL BEY, 5 Plaintiff, 6 v. 7 JOHN NORDEN, et al., 8 Defendants. 9 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, 10 United States District Court Northern District of California Case No. 3:23-cv-00108-WHO 11 recommending that plaintiff John Norden’s claims arising from the towing and impounding of his 12 vehicle on or about September 6, 2022, be dismissed without leave to amend. Dkt. No. 24. The 13 deadline for objections has passed and none was filed. Having reviewed the record in this case, I agree with Judge Tse’s Report and 14 15 Recommendation and adopt it in full. Plaintiff was given several opportunities to allege claims 16 regarding the towing and impounding of his vehicle but failed to do so. He was also given 17 multiple opportunities to respond to defendants’ motion to dismiss but failed to file a substantive 18 response. Dkt. No. 24 at 4, 5. For the reasons discussed by Judge Tse, defendants’ motion to dismiss is GRANTED and 19 20 this case is DISMISSED without leave to amend but without prejudice.1 The Clerk shall close this 21 case. IT IS SO ORDERED. 22 23 Dated: June 4, 2024 24 William H. Orrick United States District Judge 25 26 27 28 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. 1

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